António Castanheira Neves - Wikipedia António Castanheira Neves From Wikipedia, the free encyclopedia Jump to navigation Jump to search This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these template messages) This article relies largely or entirely on a single source. Relevant discussion may be found on the talk page. Please help improve this article by introducing citations to additional sources. Find sources: "António Castanheira Neves" – news · newspapers · books · scholar · JSTOR (June 2011) This article includes a list of references, related reading or external links, but its sources remain unclear because it lacks inline citations. Please help to improve this article by introducing more precise citations. (June 2011) (Learn how and when to remove this template message) This biography of a living person needs additional citations for verification. Please help by adding reliable sources. Contentious material about living persons that is unsourced or poorly sourced must be removed immediately, especially if potentially libelous or harmful. Find sources: "António Castanheira Neves" – news · newspapers · books · scholar · JSTOR (June 2011) (Learn how and when to remove this template message) (Learn how and when to remove this template message) 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 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). Major works[edit] (1967) Questão-de-facto — questão-de-direito ou o problema metodológico da juridicidade, Coimbra: Almedina. Matter of fact / matter of law, or the methodological problem of legality. (1983) O instituto dos "assentos" e a função jurídica dos supremos tribunais, Coimbra: offprint of RLJ. The institute of "assentos" and the legal function of supreme courts, first published between 1973 and 1982. (1993) Metodologia jurídica. Problemas fundamentais, Coimbra: Coimbra Editora, 1993. Legal methodology / Fundamental problems. (1995) Digesta: escritos acerca do direito, do pensamento jurídico, da sua metodologia e outros, 2 vols., Coimbra: Coimbra Editora. Digesta is a collection of works first published between 1968 and 1994, including: (1976) A revolução e o direito (Revolution and law), (1979) A unidade do sistema jurídico (The unity of the legal system), and (1982) Fontes do direito (Sources of the law). (2003) O actual problema metodológico da interpretação jurídica, Coimbra: Coimbra Editora. The present day methodological problem of legal interpretation. References[edit] J. Figueiredo Dias, J. J. Gomes Canotilho, J. Faria Costa (eds.) (2008) Studia Iuridica 90 - Ars Ivdicandi - Estudos em Homenagem ao Prof. Doutor António Castanheira Neves. Coimbra: Coimbra Editora (1324 pp., including a short biography and a complete list of his works). v t e Jurisprudence Legal theory Critical legal studies Comparative law Economic analysis Legal norms International legal theory Legal history Philosophy of law Sociology of law Philosophers Alexy Allan Aquinas Aristotle Austin Beccaria Bentham Betti Bickel Blackstone Bobbio Bork Brożek Cardozo Castanheira Neves Chafee Coleman Del Vecchio Durkheim Dworkin Ehrlich Feinberg Fineman Finnis Frank Fuller Gardner George Green Grisez Grotius Gurvitch Habermas Han Hart Hegel Hobbes Hohfeld Hägerström Jellinek Jhering Kant Kelsen Köchler Kramer Llewellyn Lombardía Luhmann Lundstedt Lyons MacCormick Marx Nussbaum Olivecrona Pashukanis Perelman Petrażycki Pontes de Miranda Posner Pound Puchta Pufendorf Radbruch Rawls Raz Reale Reinach Renner Ross Rumi Savigny Scaevola Schauer Schmitt Shang Simmonds Somló Suárez Tribe Unger Voegelin Waldron Walzer Weber Wronkowska Ziembiński Znamierowski Theories Analytical jurisprudence Deontological ethics Fundamental theory of canon law Interpretivism Legalism Legal moralism Legal positivism Legal realism Libertarian theories of law Natural law Paternalism Utilitarianism Virtue jurisprudence Concepts Dharma Fa Judicial interpretation Justice Legal system Li Rational-legal authority Usul al-Fiqh Related articles Law Political philosophy Index Category Law portal Philosophy portal WikiProject Law WikiProject Philosophy changes Authority control ISNI: 0000 0000 6766 3651 LCCN: n2004099984 VIAF: 43696324 WorldCat Identities: lccn-n2004099984 Retrieved from "https://en.wikipedia.org/w/index.php?title=António_Castanheira_Neves&oldid=710770516" Categories: 1929 births Living people People from Tábua Philosophers of law Hidden categories: Articles needing additional references from June 2011 All articles needing additional references Articles lacking in-text citations from June 2011 All articles lacking in-text citations BLP articles lacking sources from June 2011 All BLP articles lacking sources Articles with multiple maintenance issues Wikipedia articles with ISNI identifiers Wikipedia articles with LCCN identifiers Wikipedia articles with VIAF identifiers Wikipedia articles with WORLDCATID identifiers Navigation menu Personal tools Not logged in Talk Contributions Create account Log in Namespaces Article Talk Variants Views Read Edit View history More Search Navigation Main page Contents Current events Random article About Wikipedia Contact us Donate Contribute Help Learn to edit Community portal Recent changes Upload file Tools What links here Related changes Upload file Special pages Permanent link Page information Cite this page Wikidata item Print/export Download as PDF Printable version Languages Português Slovenščina Svenska Edit links This page was last edited on 18 March 2016, at 23:16 (UTC). 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