K. E. Himma (Legal Theory Department, Faculty of Law, University of Zagreb) published The Practical Otiosity of Exclusionary Reasons in the Canadian Journal of Law & Jurisprudence 37(2) 2024, pp. 457 – 473

Abstract

One of Joseph Raz’s most influential contributions to legal philosophy is the Exclusionary Thesis, according to which any prescription that counts as mandatory is identical with an exclusionary reason that bars acting on certain reasons favoring noncompliance. This essay argues that exclusionary reasons are otiose in the sense there is no deliberative work they are ever needed to do under objective norms of practical reasoning.

The book is based on presentations and discussions at the special workshop “The Concept of Legal Consciousness” held in Bucharest, Romania, on 7 July 2022, as part of the 30th Biennial World Congress of the International Association for the Philosophy of Law and Social Philosophy (IVR). The workshop focused on the importance of this concept for legal theory, legal sociology and legal psychology (“psychology and law”). The book consists of fourteen contributions, divided into four thematic parts, dealing with the following topics: the concept of law, the methodology of legal science, the role of legal consciousness in legal theory and legal sociology, adjudication, constitutionalisation, modification of the legal system and deliberate normative change.

Obavijest o natječaju objavljena je na: https://narodne-novine.nn.hr/clanci/oglasi/o8389173.html

Objavljen je članak L. Burazin, M. Keršić, Kritička analiza Guastinijeva shvaćanja sukoba između ustavnih prava i tehnike odvagivanja, Zbornik Pravnog fakulteta Sveučilišta u Rijeci, vol. 45, br. 3, 491-517 (2024). Članak je dostupan na: https://hrcak.srce.hr/index.php/en/clanak/467729

The Zagreb Legal Theory Department is delighted to announce the appointment of Ms Marianela Delgado Nieves as Research and Teaching Assistant in Legal Theory. Marianela graduated from UNAM (Mexico), obtained her master’s degree in evidential reasoning from the University of Girona (Spain) and University of Genova (Italy), and is currently doing her PhD on evidential reasoning at the University of Girona. Welcome to our Department, Marianela!

U Zborniku Pravnog fakulteta u Zagrebu, Vol. 74 No. 3, 2024., objavljen je Burazinov kritički osvrt na knjigu istaknutoga suvremenog njemačkog pravnog filozofa Norberta Hoerstera, Što je pravo? Temeljna pitanja filozofije prava, Naklada Breza, 2024.

There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world.

Jurisprudence in the Mirror: The Common Law World Meets theCivil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book’s structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.