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Legal Reductionism and Freedom (Law and Philosophy Library) Book

Legal Reductionism and Freedom (Law and Philosophy Library)
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  • Legal Reductionism and Freedom (Law and Philosophy Library)
  • Written by author Martin Van Hees
  • Published by Springer-Verlag New York, LLC, September 2000
  • Martin van Hees presents a new approach to the study of law - legal reductionism - which combines elements of legal positivism, new institutionalism and decision theory. From legal positivism Van Hees derives some fundamental insights into the nature of l
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Authors

Acknowledgements
Introduction1
1Legal Positivism and the Normativity Thesis9
The Rejection of Empirico-Positivism: Methodological Arguments12
The Rejection of Empirico-Positivism: Ontological Arguments14
The Necessity of Efficacy19
The Sufficiency of Efficacy22
2Legal Positivism and the Separability Thesis27
The Separability Thesis: The Common Core Interpretation31
The Separability Thesis: The Explanatory Interpretation36
Re-Examining the Jurisprudential Antinomy40
3Reductionism and the Analysis of Institutions45
Methodological Individualism and Reductionism46
Methodological Individualism Illustrated: Game Theory49
New Institutionalism and Institutions53
New Institutionalism and Reductionism55
4Legal Systems, Rights and the Legal-Political Game61
Game Theory and Rights62
The Legal-Political Game66
Legal Validity and Legal Systems73
Legal Validity and the Constitutional Question76
The Institutional Theory of Law and Reductionism79
The Institutional Theory of Law and Legal Reductionism82
5Legal Freedom: Concept and Contents87
Conceptions of Freedom and the Triadic Structure89
Legal Freedom: The Agents90
Legal Freedom: The Constraints93
Legal Freedom: The Objectives96
Prevention and Intervention98
6Freedom of Choice105
The Simple Counting Rule106
The Introduction of Preferences108
Freedom and Preferences112
Similarity and Dissimilarity116
Monotonicity and Technological Changes121
7Conditions of Legal Freedom125
Carter's Measure of Empirical Freedom126
Strategies and Opportunity Sets135
A Measure of Legal Freedom and Some Problems136
Strong Monotonicity and Dominance140
Dominance and Equality145
Maximal Legal Freedom147
8The Value of Legal Freedom151
Types of Value151
Freedom's Specific Value in Parametric Situations158
Reasonable Preferences and Overall Specific Value161
The Possible Disvalue of Legal Freedom164
Being Free to Stay Passive166
Freedom's Specific Value in Strategic Situations170
Stability, Efficiency and the Non-Specific Value of Legal Freedom172
AppLegal-Political Games177
References179
Index185


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