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- António_Castanheira_Neves abstract "António Castanheira Neves (born November 8, 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 Viehweg 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).".
- António_Castanheira_Neves birthDate "1929-11-08".
- António_Castanheira_Neves birthPlace Tábua,_Portugal.
- António_Castanheira_Neves wikiPageID "3449396".
- António_Castanheira_Neves wikiPageRevisionID "579017704".
- António_Castanheira_Neves blpSources "June 2011".
- António_Castanheira_Neves dateOfBirth "1929-11-08".
- António_Castanheira_Neves name "Castanheira Neves, Antonio".
- António_Castanheira_Neves noFootnotes "June 2011".
- António_Castanheira_Neves oneSource "June 2011".
- António_Castanheira_Neves placeOfBirth Tábua,_Portugal.
- António_Castanheira_Neves refimprove "January 2011".
- António_Castanheira_Neves shortDescription "Philosopher".
- António_Castanheira_Neves description "Philosopher".
- António_Castanheira_Neves subject Category:1929_births.
- António_Castanheira_Neves subject Category:Living_people.
- António_Castanheira_Neves subject Category:People_from_Coimbra_District.
- António_Castanheira_Neves subject Category:Philosophers_of_law.
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- António_Castanheira_Neves comment "António Castanheira Neves (born November 8, 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.".
- António_Castanheira_Neves label "António Castanheira Neves".
- António_Castanheira_Neves label "António Castanheira Neves".
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- António_Castanheira_Neves givenName "Antonio".
- António_Castanheira_Neves name "Antonio Castanheira Neves".
- António_Castanheira_Neves surname "Castanheira Neves".