About: António Castanheira Neves     Goto   Sponge   NotDistinct   Permalink

An Entity of Type : yago:WikicatPhilosophersOfLaw, within Data Space : dbpedia.demo.openlinksw.com associated with source document(s)
QRcode icon
http://dbpedia.demo.openlinksw.com/c/6QiTPcdEzv

António Castanheira Neves (born 8 November 1929 in Tábua) is a Portuguese legal philosopher and a professor emeritus at the law faculty of the University of Coimbra. According to Castanheira Neves, law can only be understood through legal problems (roughly, legal cases), which have to be solved within the legal system (including a necessary connection to morality). Law, he claims, is not something given or previous, but the solution to legal problems. Legal problems are the decisive starting point. His opposition to positivism, to natural law and to the several theories of legal syllogism would make him one of the first and most accomplished advocates of interpretivism.

AttributesValues
rdf:type
rdfs:label
  • António Castanheira Neves (en)
  • António Castanheira Neves (pt)
  • António Castanheira Neves (sv)
rdfs:comment
  • António Castanheira Neves (Tábua, Tábua, 8 de Novembro de 1929) é um filósofo do direito português, professor jubilado da Faculdade de Direito da Universidade de Coimbra. (pt)
  • António Castanheira Neves, född 8 november 1929, är en portugisisk filosof och professor i juridik, numera professor emeritus, i juridiska fakulteten vid Coimbras universitet. (sv)
  • António Castanheira Neves (born 8 November 1929 in Tábua) is a Portuguese legal philosopher and a professor emeritus at the law faculty of the University of Coimbra. According to Castanheira Neves, law can only be understood through legal problems (roughly, legal cases), which have to be solved within the legal system (including a necessary connection to morality). Law, he claims, is not something given or previous, but the solution to legal problems. Legal problems are the decisive starting point. His opposition to positivism, to natural law and to the several theories of legal syllogism would make him one of the first and most accomplished advocates of interpretivism. (en)
dcterms:subject
Wikipage page ID
Wikipage revision ID
Link from a Wikipage to another Wikipage
sameAs
dbp:wikiPageUsesTemplate
has abstract
  • António Castanheira Neves (born 8 November 1929 in Tábua) is a Portuguese legal philosopher and a professor emeritus at the law faculty of the University of Coimbra. According to Castanheira Neves, law can only be understood through legal problems (roughly, legal cases), which have to be solved within the legal system (including a necessary connection to morality). Law, he claims, is not something given or previous, but the solution to legal problems. Legal problems are the decisive starting point. His opposition to positivism, to natural law and to the several theories of legal syllogism would make him one of the first and most accomplished advocates of interpretivism. Castanheira Neves, however, has always claimed that law — the task of lawyers — is not essentially interpretive or hermeneutical, but practical, i.e., action guiding. He maintains that legal interpretation is not a necessary feature of legal reasoning. On the contrary, law always arises from legal problems, which are concrete, historically situated, normative, and practical. Every legal decision aims to settle what someone (legally) ought to do in a particular case in a particular historical (and social) situation, and that is its defining feature. A legal decision is also itself an action. Interpretation is not always needed and, when it is, it is auxiliary. The central tenets of Castanheira Neves' philosophy of law were made clear in his 1967 massive book on the philosophical and methodological distinction between matter of fact and matter of law. Castanheira Neves addresses the similarities and significant differences between his and Dworkin's theses in the last part of his 2003 book. Castanheira Neves also claims that there is no law in general norms (rules, principles, etc.) as laid down by legislators, but only in solving particular cases. To this thesis, he calls "jurisprudentialism". Law is not an element, but a synthesis, not a premise for validity, but fulfilled validity, not a prius, but a posterius, not a given, but a solution, it is not in the beginning, but in the end. (Castanheira Neves, 1967, p. 586) In this, he was preceded by authors like and schools of thought like critical legal studies, but he differed from these authors as he claimed it to be essential to law as a normative matter, and not only descriptively. His position is therefore equivalent, in this subject, to J. Dancy's later moral particularism. Castanheira Neves would come to agree with Gadamer's dictum that all interpretation is application (as Dworkin did). (en)
  • António Castanheira Neves (Tábua, Tábua, 8 de Novembro de 1929) é um filósofo do direito português, professor jubilado da Faculdade de Direito da Universidade de Coimbra. (pt)
  • António Castanheira Neves, född 8 november 1929, är en portugisisk filosof och professor i juridik, numera professor emeritus, i juridiska fakulteten vid Coimbras universitet. (sv)
gold:hypernym
prov:wasDerivedFrom
page length (characters) of wiki page
foaf:isPrimaryTopicOf
is Link from a Wikipage to another Wikipage of
is Wikipage redirect of
is foaf:primaryTopic of
Faceted Search & Find service v1.17_git147 as of Sep 06 2024


Alternative Linked Data Documents: ODE     Content Formats:   [cxml] [csv]     RDF   [text] [turtle] [ld+json] [rdf+json] [rdf+xml]     ODATA   [atom+xml] [odata+json]     Microdata   [microdata+json] [html]    About   
This material is Open Knowledge   W3C Semantic Web Technology [RDF Data] Valid XHTML + RDFa
OpenLink Virtuoso version 08.03.3332 as of Dec 5 2024, on Linux (x86_64-generic-linux-glibc212), Single-Server Edition (378 GB total memory, 76 GB memory in use)
Data on this page belongs to its respective rights holders.
Virtuoso Faceted Browser Copyright © 2009-2025 OpenLink Software