Titlebook: Legal Reductionism and Freedom; Martin Hees Book 2000 Kluwer Academic Publishers 2000 freedom.legal positivism.morality.philosophy.politic

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Introductional phenomena said that this approach ‘is far from coherent or consistent; it is not completely legitimate; but neither can it be entirely ignored’ (March and Olsen 1984, p. 734). These words still seem to be highly relevant. New institutionalism cannot be ignored. It purports to reshape our thinking

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Legal Positivism and the Normativity Thesisms of the theories they stand in contrast to. Indeed, one of the reasons for legal positivism’s popularity in the beginning and middle of this century is without any doubt the way it seemed to circumvent the difficulties posed by earlier philosophies of law. As was argued repeatedly by the father of

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Reductionism and the Analysis of Institutionsined in terms of positive morality. I shall argue that this form of legal positivism fits within the institutional theory of law. Since MacCormick and Weinberger themselves suggest that their institutional theory of law is not reductionist, it should be made clear what the reductionism of legal redu

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Legal Systems, Rights and the Legal-Political Gameystems. I shall begin by setting out the outlines of the game-theoretic approach to the analysis of rights and the explanation of legal systems. The game-theoretic analysis of rights is a developing area of research. Although it is still a relatively new approach, it has already become difficult to

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Legal Freedom: Concept and Contentsr instance, all express the idea that individuals should have certain rights and liberties. Freedom judgements also play an important role in the daily practice of political decision making. The foreign policies of many western countries are partly based on other countries’ respect for individual fr

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Freedom of Choiceeedom were side-stepped by referring to the distinction between the things a person is legally free to do and his overall level of legal freedom. A few assumptions concerning the measurement of overall legal freedom were already made, in particular with respect to the role of ‘empty rights’, i.e., a

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The Value of Legal Freedommeasured, what is the relation between rights and game theory, etc. The first part of this monograph showed that a legal reductionist account of legal systems can be helpful in answering . questions regarding the existence of legal systems. Another objective of this study is, perhaps somewhat parado

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