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12Introduction to Law (edited book)Imprint: Springer. 2014.This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed kno…Read more
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10Ter herinnering aan Bob Brouwer, een introductieNetherlands Journal of Legal Philosophy 38 (1): 3-4. 2009.In an editorial article the editors supply a commentary on the topics covered in the journal
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8Rule ConsistencyLaw and Philosophy 19 (3): 369-390. 2000.This paper develops the theory that a set ofrules is consistent if it is not possible that (1)the conditions of the rules in the set are allsatisfied, (2) there is no exception to either one ofthe rules, and (3) the consequences of the rules areincompatible. To this purpose the notion ofconsistency is generalised to make it cover rulesand is relativised to some background of constraints.This theory is formalised by means of Rule Logic, inwhich rules are treated as constraints on thepossible worl…Read more
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6The Limited Function of Hermeneutics in LawIn David Duarte, Pedro Moniz Lopes & Jorge Silva Sampaio (eds.), Legal Interpretation and Scientific Knowledge, Springer Verlag. pp. 1-11. 2019.My main claim in this article is that lawyers should make less use of the hermeneutical method than they do. The reasons that I will adduce to support this claim are the following: law is first and foremost an answer to the question of how to act and, more in particular, the question of which rules to enforce by collective means. As such, law does not coincide with positive law. Nevertheless, positive law determines the content of the law to a large extent. It does so for two reasons. The first …Read more
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2How Law’s Nature Influences Law’s LogicStudia Humana 13 (3): 4-17. 2024.Classical logic is based on an underlying view of the world, according to which there are elementary facts and compound facts, which are logical combinations of these elementary facts. Sentences are true if they correspond to, in last instance, the elementary facts in the world. This world view has no place for rules, which exist as individuals in the world, and which create relations between the most elementary facts. As a result, classical logic is not suitable to deal with rules, and is there…Read more
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1Dick WP Ruiter. Institutional Legal Facts: Legal Powers and Their EffectsArtificial Intelligence and Law 7 (4): 377-385. 1999.
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What Is Legal Validity? Lessons from Soft LawIn Anne Mackor, Stephan Kirste, Jaap Hage & Pauline Westerman (eds.), Legal Validity and Soft Law, Springer Verlag. 2018.
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Legal transactions and the legal oughtIn Jerzy Stelmach & Bartosz Brożek (eds.), The normativity of law, Copernicus Center Press. 2011.
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Objectivity of law and objectivity about lawIn Gonzalo Villa Rosas & Jorge Luis Fabra-Zamora (eds.), Objectivity in jurisprudence, legal interpretation and practical reasoning, Edward Elgar Publishing. 2022.
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De betekenis van juridische statuswoordenNetherlands Journal of Legal Philosophy 37 (1): 13-28. 2008.
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Reason-based Logic: A logic for reasoning with rules and reasonsInform. Commun. Technol. Law 3 (2-3): 171-209. 1994.
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Rechtsfilosofische annotaties: HR 26 januari 1990, NJ 1990, 794Netherlands Journal of Legal Philosophy 2 197-203. 2004.
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Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying LogicStudia Logica 65 (2): 285-287. 2000.