Varga Csaba
Theory of law
CONTENTS, BLURB
Contents
ON PHILOSOPHISING AND THEORISING IN LAW
Legal Philosophy, Legal Theory - and the Future of Theoretical Legal Thought [2006]
1. Questioning and Knowing
2. Law and Philosophy
2.1. Law and Philosophical Wisdom
2.2. Appearances of Modern Formal Law
2.3. Differentiation in Complexity
3. Conclusions
3.1. Legal Philosophising Reduced to Discourse reconstruction
3.2. The Query for Natural Law Unresolved
3.3. Positive Law - without Legal Positivism?
4. On What the Stake is
Legal Ontology [1999]
Law and History: On the Historical Approach to Law [1999]
Law as History? [1986]
1. Understandings of the Term 'Law'
2. Law and History
2.1. Law as Instrument
2.2. Law as Culture
3. Law as History
Validity [1999]
1. Notions of Validity
2. Understandings of Validity
3. Statism and Dynamism of Law
4. Validity and the Realm outside the Law
5. Dissolution of the Notion of Validity?
Ex post facto Legislation [1999]
ON CONCEPTUALISING BY LOGIFYING THE LAW
Rule and/or Norm: On the Conceptualisability and Logifiability of Law [2003]
1. Rule / Norm
2. Origins and Contexture
3. With Varied Denotations
4. Norms Exclusively in Civil Law Rechtsdogmatik
5. Ambivalence in Language Use
Legal Logic and the Internal Contradiction of Law [2004]
1. Legal Logic
2. The Internal Contradiction of Law
The Quest for Formalism in Law: Ideals of Systemicity and Axiomatisability between Utopianism and Heuristic Assertion [1973]
I. Systemicity
1. Form and Content
1.1. In Arts and Law
1.2. In German Philosophy
2. Systemicity and Axiomatic Approach
2.1.The Idea of System and the Law-codes
2.2. Early Modern Times
2.3. Recent Times
2.4. Drawbacks in Philosophy
II. Axiomatism
3. The Want of Axiomatisability
3.1. From Deductivity to Axiomatisation
3.2. Futile Approximations at the Most
3.3. Lack of Deductivity in the Law's Deep Structure
4. The Heuristic Value of an Ideal
4.1. Cases of N/A
4.2. Cases of Correlation
5. Conclusion: Ideals and the Dialectics of Substantivity
Law and its Doctrinal Study (On Legal Dogmatics) (2006)
I. The Doctrinal Study of Law
1. Legal Dogmatics in a Science-theoretical Perspective
2. The Process of Advancing Conceptualisation
3. Ideality versus Practicality in Legal Systemicity
4. Conceptualisation, Systematisation, Dogmatisation
5. Rules and Principles in Law
6. Correlation between Legal Cultures and Legal Theories
7. Theoretical and Sociophilosophical Perspectives
II. Inquiry into the Nature of Doctrinal Studies in Law
a) Legal Dogmatics
b) Nonconceptualised Traditions in Law
c) The Stand of Law and of its Dogmatics
III. 'Law', 'Science of Law', 'Science'
1. Critical Positions
a) Ad Mátyás Bódig 'Doctrinal Study of Law and Jurisprudence'
b) Ad Tamás Győrfy 'The Conceptual System of Law and the Dogmatics of Motivations'
c) Ad Péter Cserne 'The Doctrinal Study of Law versus Policy'
2. In an Onto-epistemological Perspective
ON FORMS AND SUBSTANCE IN LAW
Structures in Legal Systems: Artificiality, Relativity, and Interdependency of Structuring Elements in a Practical (Hermeneutical) Context [2001]
1. Theoretical Background
2. Foundations of Structuring Challenged
3. Is there a Structure had?
4. Structuring as a Meta-construct
Goals and Means in Law [2003]
1. The Neutrality of Techniques
2. JOHN PAUL II
2.1. On Personhood, his/her Goods, and Law
2.2. On Person, Family, and Nation
3. Artificiality and Antithetical Developments in Law
Law, Ethics, Economy: Independent Paths or Shared Ways? [2004]
1. "Cynical Acid" in the Foundation of Modern Formal Law
2. Example: Perspectives for Curing Malpractice in Law
3. Clash between Europeanism and Americanism
4. A Search for Reason and Systemicity
5. Ethics in Economy
Towards an Autonomous Legal Policy [1984]
1. Relationship between Politics and Law
2. Legal Policy as a Mediator
3. Legal Scholarship, Legal Policy, and the Law on Law
4. Demand for an Autonomous Legal Policy
ON PROCESSES OF LAW
The Judicial Black-box and the Rule of Law in the Context of European Unification and Globalisation [2008]
I. Basic Issues in the Understanding of Law
1. Normativism and Legal Reality (Re)Construction
2. The Insufficiency of the Law Enacted
3. Duplicity of the Ontological Reconstruction of Judicial Process
4. The Law as Rule and the Law as Culture
5. Complementation by the Law's Self-resolution in Post Modernism
6. The Metaphoric Nature of the Term 'Law'
7. Added Queries for the European and International Rule of Law
II. Questions to be Raised by Legal Arrangements Individually
8. Law as Subsistence and Law as Conventionalisation
9. Dilemmas of the Law Exhaustively Embodied by Texts, Thoroughly Conceptualised and Logified
10. Conservatio/novatio, ius strictum / ius aequum, generalisatio/exceptio, and the Moment of Decision
III. The Circle of Legal Arrangements to be Involved in the Investigation
11. Cultures and Traditions to be Investigated
IV. Purpose and Impact of Investigations
12. The Tasks' Horizons
Doctrine and Technique in Law [2002]
1. Law, Legal Policy and Legal Technique
2. Formalism and Anti-formalism
3. Law as Potentiality and Actualisation
4. Example: Constitutional Adjudication
5. Legal Imaginability
6. Linguistic Mediation
7. Rechtsdogmatik
8. Clauses and Principles
9. With Safety Velvets Built in
Theory and Practice in Law: On the Magical Role of Legal Technique [2006]
1. Legal Formalism in a Practical Context
2. Magic in Law: Culture and Mediation
3. Legal Conceivability and its Limits
4. One Langugage, Unlabelled
5. Formalisation and De-formalisation: Principles as Safety Velves
6. Within Given Cultural Bounds
7. KELSENian Re-interpretation: Law Getting Defined in Society
8. A Closed/Open Systemic Response
Law, Understanding of Law, Application of Law (A Summary of Developments in Thirty-six Paragraphs) [2007]
I. Classical Heritage
1. Continental Law
2. Anglo-Saxon Law
II. Reality in our Approach to Law
1. As Professional Deontology
2. In its Theoretical Explanation
III. The Complexity of our Legal World Concept
1. The Complexity of Civil Law Mentality
2. The Complexity of Common Law Mentality
IV. With Humans in the Legal Machinery
APPENDIX
Legal Theorising: An Unrecognised Need for Practicing the European Law [2009]
1. Introduction: Queries in European and Global Perspectives
2. Basic Issues
2.1. Human Refinement
2.2. The Westphalian Heritage of State Law and International Law
2.3. The Place of European Law
3. Analogies
3.1. Solar System with Planets
3.2. Pre-modernity, Modernity, Postmodernity
4. The Structural Pattern of the European Law
4.1. Legal Culture of the European Union
4.2. Implementing a Grand-System Functioning
4.3. With Legal Pluralism?
5. Theoretical Model of the Operation of European Law
5.1. Multipolarity with Centripetality and Centrifugality
5.2. Order, Out of Chaos
5.3. Practical Continuum in a Standing Flux
5.4. Activated by Nations
6. Conclusions for Practicing the European Law
6.1. The Ethos of the Tasks
6.2. For Reaching an Own Future, Thanks to Own Efforts
Index of Subjects
Index of Normative Materials
Index of Names
Blurb
A collection of papers relating Theory of Law originally published between 1973 and 2009 ON PHILOSOPHISING AND THEORISING IN LAW treating topics like 'Legal Philosophy, Legal Theory - and the Future of Theoretical Legal Thought' [2006] / 'Legal Ontology' [1999] / 'Law and History: On the Historical Approach to Law' [1999] / 'Law as History?' [1986] / 'Validity' [1999] / 'Ex post facto Legislation' [1999], ON CONCEPTUALISING BY LOGIFYING THE LAW involving topics like 'Rule and/or Norm: On the Conceptualisability and Logifiability of Law' [2003] / 'Legal Logic and the Internal Contradiction of Law' [2004] / 'The Quest for Formalism in Law: Ideals of Systemicity and Axiomatisability between Utopianism and Heuristic Assertion' [1973] / 'Law and its Doctrinal Study (On Legal Dogmatics)' [2006], ON FORMS AND SUBSTANCE IN LAW dealing with problems such as 'Structures in Legal Systems: Artificiality, Relativity, and Interdependency of Structuring Elements in a Practical (Hermeneutical) Context' [2001] / 'Goals and Means in Law' [2003] / 'Law, Ethics, Economy: Independent Paths or Shared Ways?' [2004] / 'Towards an Autonomous Legal Policy' [1984], as well as ON PROCESSES OF LAW facing with 'The Judicial Black-box and the Rule of Law in the Context of European Unification and Globalisation' [2008] / 'Doctrine and Technique in Law' [2002] / 'Theory and Practice in Law: On the Magical Role of Legal Technique' [2006] / 'Law, Understanding of Law, Application of Law (A Summary of Developments in Thirty-six Paragraphs)' [2007], with a paper in APPENDIX on 'Legal Theorising: An Unrecognised Need for Practicing the European Law' [2009]
CSABA VARGA - http://drcsabavarga.wordpress.com - is Professor of the Pázmány Péter Catholic University, Founding Director of its Institute for Legal Philosophy (H-1428 Budapest 8, POB 6 / varga@jak.ppke.hu) and Scientific Adviser at the Institute for Legal Studies of the Hungarian Academy of Sciences (H-1250 Budapest, POB 25 / varga@jog.mta.hu)