On Law and Reason
'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It
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Law and Philosophy Library VOLUME 8
Managing Editors FRANCISCO J. LAPORTA, Department of Law, Autonomous University of Madrid, Spain ALEKSANDER PECZENIK†, Department of Law, University of Lund, Sweden FREDERICK SCHAUER, John F. Kennedy School of Government, Harvard University, Cambridge, Mass., U.S.A.
Former Managing Editors AULIS AARNIO, MICHAEL D. BAYLES†, CONRAD D. JOHNSON†, ALAN MABE
Editorial Advisory Board AULIS AARNIO, Secretary General of the Tampere Club, Finland ZENON BAN´ KOWSKI, Centre for Law and Society, University of Edinburgh PAOLO COMANDUCCI, University of Genoa, Italy ERNESTO GARZÓN VALDÉS, Institut für Politikwissenschaft, Johannes Gutenberg Universitat Mainz JOHN KLEINIG, Department of Law, Police Science and Criminal Justice Administration, John Jay College of Criminal Justice, City University of New York NEIL MacCORMICK, European Parliament, Brussels, Belgium WOJCIECH SADURSKI, European University Institute, Department of Law, Florence, Italy ROBERT S. SUMMERS, School of Law, Cornell University CARL WELLMAN, Department of Philosophy, Washington University
For other titles published in this series, go to www.springer.com/series/6210
Aleksander Peczenik
On Law and Reason
Aleksander Peczenik Lund University Sweden
ISBN 978-1-4020-8729-5
e-ISBN 978-1-4020-8730-1
Library of Congress Control Number: 2008931006 © 2009 Springer Science + Business Media B.V. No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed on acid-free paper 9 8 7 6 5 4 3 2 1 springer.com
Preface to the second edition of Aleksander Peczenik: On Law and Reason
Aleksander Peczenik unexpectedly died in 2005 at the age of 68. At that time, he was still very active both as the chairman of the IVR (International Association for Philosophy of Law and Social Philosophy) and as a scientist. During his prolific scientific career, Peczenik wrote several books, and it is a hazardous enterprise to pick out one of them as the most important one. If this hazardous enterprise needs to be undertaken, however, On Law and Reason would be a responsible choice. In this book Peczenik has tried to bring together many strands of his thought on the nature of legal justification and on the nature of law. Therefore it is a fitting tribute to the scientist Aleksander Peczenik that this work appears in a second edition. The publication of this second edition gives a new public the opportunity to get to know the insights of Peczenik about legal reasoning. What would in the eyes of Peczenik probably be more important is that the public could also learn about Peczenik’s continuous strive for better insight that is illustrated by the main text and by the numerous asides interwoven throughou
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