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Philosophy of Law - concetti generali terza parte

Parte terza degli Appunti in inglese del corso del Professor Rotolo, Philosophy of Law. Nello specifico gli argomenti trattati sono i seguenti: American Legal Realism: the Basics, American Legal Realism: Legal Indeterminacy, Legal Indeterminacy: examples.

Esame di Philosophy of Law docente Prof. A. Rotolo

Anteprima

ESTRATTO DOCUMENTO

(2005)

Institutions Theory

Legal

and

Rules and

Law

Kornhauser

law Rotolo) Legal

2008 on of

of based of Philosophy

October

Antonino

Philosophy Analysis 1

A.

Handout Lewis

22-27 the

(prof. the

By

in to

Rationality Guide

Blackwell

Economic The

In

best

economically

Realism is

decisions. it

Legal because so

do

American to

courts’ decisions circumstances 2

affect

of different

causally

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factors make

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• •

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in

concepts began law by

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others analysis,

economic study

on. efficient

efficient

so and to

and previous

analysis

to Calabresi

taxation,

referred be

fact to

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economic ought

are

law, extended

lawyers Guido rules

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competition 3

of law

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century, law

further

techniques common common

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Posner

as

20th such of the claim:

the application Richard research

1960s,

law, claim:

of Normative

of

half Positive

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early main

first systematic

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the the • •

on

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influences or particular

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effects institutions accomplish

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and

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an rules institutions

or

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rule

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self-interested

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faithfully as

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coordination preferences.

among

maximize

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school forth

to

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analysis Private Public Direct

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of

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behaviour Influence

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institutions.

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officials; so; politics: effects,

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self-interest

public

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the group

rules

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action but

legal an

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of force, have

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interests.

self-interested

of

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basic contents and

it

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product

if as

obligations count

all among rules no

shares and

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the fact

narrowly have

structure legal

coalitions

school

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school in

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viewed officials

on

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to

political focus

can then

officials Single

to the Legislation

analysis the

is

also the problem

extends Public Conclusion: institutions.

so,

seeks by

Political doing driven

it

but In (2005)

Institutions Theory

Legal

and

Rules and

Law

Kornhauser

law Rotolo) Legal

on

2008 of

of based of Philosophy

Antonino

Philosophy Analysis

October 1

A.

Handout Lewis

28 the

(prof. the

By

in to

Rationality Guide

Blackwell

Economic The

In

noncompliance:

the the

to it

when

fashion agents concerning

on obligations:

rules economic of parties

calculus

legal information

preferences and/or

Law: informed

an legal

of in rational

effects compliance

School rules

of their transmit

self-interested

Analysis asymmetrically

welfare.

legal perform

the the

Analysis they

to

investigates mediated of

respond social

faithfully as

effects

Economic predominantly 2

coordination preferences.

among

maximize

individuals

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school forth

to

rules agents

assumed

preferences. so

individuals: they

of in

The legal

have

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and

private role

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are actions

rewards,

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school: a

to rules: play may

officials what

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maximize unclear

analysis Private Public Direct

of Legal

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of

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behaviour Influence

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public

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to product

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of incentives;

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structure the

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school

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as coalitions

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analysis viewed

their self-interested

shares provide

the rules

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explain meet 3

form

narrowly legal

be

political

school which

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to does on

then

of

also officials institutions,

legislation

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of structures

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assumption is

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only but

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law, their

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binding, content-independent,

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is In explain

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narrow of a the

preference. of

determine

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concerns.

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on the which

and (for

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interpretation the

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behaviour?

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various with

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depend types other

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preference.

problems obligations

partial uncluttered

of not

ordering.

agents’

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value

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have

for

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idea

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agent

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the norm

certain Internalising One One

about

of preference One The

some 1. 2.

reading What • •

For


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DETTAGLI
Corso di laurea: Corso di laurea magistrale in giurisprudenza
SSD:
Università: Bologna - Unibo
A.A.: 2013-2014

I contenuti di questa pagina costituiscono rielaborazioni personali del Publisher Sara F di informazioni apprese con la frequenza delle lezioni di Philosophy of Law e studio autonomo di eventuali libri di riferimento in preparazione dell'esame finale o della tesi. Non devono intendersi come materiale ufficiale dell'università Bologna - Unibo o del prof Rotolo Antonino.

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