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Acknowledgements | ||
Introduction | 1 | |
1 | Legal Positivism and the Normativity Thesis | 9 |
The Rejection of Empirico-Positivism: Methodological Arguments | 12 | |
The Rejection of Empirico-Positivism: Ontological Arguments | 14 | |
The Necessity of Efficacy | 19 | |
The Sufficiency of Efficacy | 22 | |
2 | Legal Positivism and the Separability Thesis | 27 |
The Separability Thesis: The Common Core Interpretation | 31 | |
The Separability Thesis: The Explanatory Interpretation | 36 | |
Re-Examining the Jurisprudential Antinomy | 40 | |
3 | Reductionism and the Analysis of Institutions | 45 |
Methodological Individualism and Reductionism | 46 | |
Methodological Individualism Illustrated: Game Theory | 49 | |
New Institutionalism and Institutions | 53 | |
New Institutionalism and Reductionism | 55 | |
4 | Legal Systems, Rights and the Legal-Political Game | 61 |
Game Theory and Rights | 62 | |
The Legal-Political Game | 66 | |
Legal Validity and Legal Systems | 73 | |
Legal Validity and the Constitutional Question | 76 | |
The Institutional Theory of Law and Reductionism | 79 | |
The Institutional Theory of Law and Legal Reductionism | 82 | |
5 | Legal Freedom: Concept and Contents | 87 |
Conceptions of Freedom and the Triadic Structure | 89 | |
Legal Freedom: The Agents | 90 | |
Legal Freedom: The Constraints | 93 | |
Legal Freedom: The Objectives | 96 | |
Prevention and Intervention | 98 | |
6 | Freedom of Choice | 105 |
The Simple Counting Rule | 106 | |
The Introduction of Preferences | 108 | |
Freedom and Preferences | 112 | |
Similarity and Dissimilarity | 116 | |
Monotonicity and Technological Changes | 121 | |
7 | Conditions of Legal Freedom | 125 |
Carter's Measure of Empirical Freedom | 126 | |
Strategies and Opportunity Sets | 135 | |
A Measure of Legal Freedom and Some Problems | 136 | |
Strong Monotonicity and Dominance | 140 | |
Dominance and Equality | 145 | |
Maximal Legal Freedom | 147 | |
8 | The Value of Legal Freedom | 151 |
Types of Value | 151 | |
Freedom's Specific Value in Parametric Situations | 158 | |
Reasonable Preferences and Overall Specific Value | 161 | |
The Possible Disvalue of Legal Freedom | 164 | |
Being Free to Stay Passive | 166 | |
Freedom's Specific Value in Strategic Situations | 170 | |
Stability, Efficiency and the Non-Specific Value of Legal Freedom | 172 | |
App | Legal-Political Games | 177 |
References | 179 | |
Index | 185 |
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