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LEGAL SEMIOTICS MONOGRAPHS, Vol. XI

 

Law without Truth

 

Anna Pintore

 

Anna Pintore is Professor of Philosophy of Law and General Theory of Law in the Law Faculty of Cagliari, Italy, and has published extensively on law and language. She is the author, inter alia, of La teoria analitica dei concetti giuridici (1990) and has edited, together with Mario Jori, Law and Language. The Italian Analytical School (LSM VII, 1997).

 

This book analyses the range of philosophical theories of truth, as applied to legal norms, paying particular attention to the distinction between ontological and criteriological definitions. The author reviews correspondence, coherence, consensus and procedural theories and explores their role in major contemporary accounts of legal argument, particularly those of Habermas, Alexy, Aarnio, Peczenik and Dworkin.

 

 

CONTENTS

 

Foreword		
Introduction		
1. This work 	
2. Analytical and synthetic conceptions of truth	

Chapter 1: THE PROBLEM OF TRUTH IN CONTEMPORARY DEBATE	
1. Truth and truths	
2.	Meaning and criteria of truth.  Importance and limits of the distinction	
3.	Semantics, epistemology and ontology	
4.	Towards an analytical theory of truth 	

Chapter 2: THE TRUTH OF NORMS: ARGUMENTS FOR AND AGAINST		
1.	Ontological and epistemological arguments	
2.	Semiotic arguments	
3.	The truth of norms is a philosophical postulate	

Chapter 3: The truth of law as correspondence	
1. The truth of legal norms.  In what sense?	
2.	The correspondence between the law and the law of nature 	
3.	The correspondence between the law and a "common" truth	
4.	The truth of law as the truth of things	
5.	Truth as correspondence: a regulatory idea	
6.	True law: an ancient idea		

Chapter 4: COHERENCE AND TRUTH IN LAW	
1. Coherence theories of truth	
2.	Coherence in law: what does it mean?	
3.	Coherence and the law	

Chapter 5: Consensus and truth in law	
1. From coherence to consensus	
2.	The consensus theory of truth	
3.	Consensus, truth and law	
4.	Consensus without truth; truth without consensus	

Chapter 6: Procedural truth	
1. Between consensus and procedure	
2.	What do we mean by "procedural ethics"?	
3.	On the metaethical neutrality of procedural ethics 	
4.	On the ethical neutrality of procedural ethics	
5.	Which procedural ethics?	
	
Conclusions		
Bibliography		
Index of Authors	
	
Hardback	  ISBN 0-9528938-4-3   273pp.  

Published September 2000.  




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