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Author: Tomasz Gizbert-Studnick
Publisher: Edward Elgar Publishing
ISBN: 1802209328
Category : Law
Languages : en
Pages : 264
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Book Description
What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.
Author: Tomasz Gizbert-Studnick
Publisher: Edward Elgar Publishing
ISBN: 1802209328
Category : Law
Languages : en
Pages : 264
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Book Description
What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.
Author:
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 15
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Book Description
Principles are part of international law as much as of other legal orders. Nonetheless, beyond principles referred to the functioning of IL, or the sector related discipline in discrete fields, those fundamental principles identifying the raison d'etre, purpose and value of the legal international order, as a whole, remain much disputed, to say the least. In addressing such a problem, one that deeply affects interpretation and legal adjudication, this article acknowledges the limits and weakness of legal positivism in making sense of the inter- and supra-national legal order(s). It appraises also the novel from the late Ronald Dworkin, concerning IL, and its consequence for interpretivism in the international environment, so different from State political communities and their 'integrity'. Finally, some recent cases before international Courts shall be considered, that expose difficulties stemming from traditional legal positivist strictures, and explain how judicial reasoning actually profits from asking further questions of principles. All the more so, if the issues at stake happen to be covered by two or more diverging legal regimes, that would, per sé, lead to opposite outcomes.
Author: Gerard Conway
Publisher: Cambridge University Press
ISBN: 1107001390
Category : Law
Languages : en
Pages : 347
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Book Description
Gerard Conway explains how judges of the ECJ should be understood as sharing the same interpretative perspective as the law-maker.
Author: Jerry W. Willis
Publisher: SAGE Publications
ISBN: 1544302770
Category : Social Science
Languages : en
Pages : 481
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Book Description
"Willis catches the student up on relevant aspects of philosophy, empiricism, history, and prevailing political influences. This building of chronology is so valuable for students in understanding the origins of specific schools of thought in relations to a paradigm." —Heather T. Zeng, NACADA Foundations of Qualitative Research introduces key theoretical and epistemological concepts replete with historical and current real-world examples. Author Jerry W. Willis provides an invaluable resource to guide the critical and qualitative inquiry process written in an accessible and non-intimidating style that brings these otherwise difficult concepts to life. Key Features: Covers the conceptual foundations of interpretive, critical, and post-positivist paradigms: A thorough background of theory and social inquiry is given by looking at the development of each paradigm throughout history. Provides real-world examples: Cases illustrate different approaches to the same research problem so that students can better understand the contrasting features of these paradigms. Introduces seven qualitative research frameworks: In-depth coverage is provided on Altheide and Johnson′s Analytic Realism; Denzin and Lincoln′s Interpretive Perspective; Eisner′s Connoisseurship Model of Inquiry; Semiotics; the Phenomenological Psychological Model; Poststructuralism and Postmodernism; and Symbolic Interactionism. Offers general guidelines for qualitative research: Conceptually covers the best practices, approaches to data analysis, and interpretation of qualitative research. Examines emergent methods in qualitative research: New research areas such as PAR, emancipatory research, and participatory design research are included, as well as exemplary journal articles to further illustrate how theory links to research practice. Intended Audience: This text is designed for advanced undergraduate and graduate students taking their first or second qualitative research methods course in the fields of Education, Psychology, and the Health and Social Sciences. It is also an excellent theory companion supplement to the more applied qualitative methods text.
Author: P.J. Nerhot
Publisher: Springer Science & Business Media
ISBN: 9401578753
Category : Philosophy
Languages : en
Pages : 457
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Book Description
PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
Author: Antony N. Allott
Publisher: Butterworths
ISBN:
Category : Effectiveness and validity of law
Languages : en
Pages : 360
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Book Description
Theoretical essay on the role of law in society and its impact on social controls and value systems, with particular reference to the UK - examines the impact of law on national level social environment and social institutions and at international level; contains case studies of the social protection of married women after divorce and the marital status of common law wives, etc. References.
Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 9780804752350
Category : Law
Languages : en
Pages : 348
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Book Description
This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.
Author: Thomas Bustamante
Publisher: Bloomsbury Publishing
ISBN: 150996181X
Category : Law
Languages : en
Pages : 463
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Book Description
This book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law. The book encompasses 4 key themes of the debate between these authors: legal theory and its critical role, interpretation and critical constraints, pragmatism and interpretive communities, and some general implications of the debate for issues like the nature of legal theory and the possibility of objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish, who concludes the collection with an interview in which he discusses the main topics discussed in the collection.
Author: Robert P. George
Publisher: Oxford University Press
ISBN: 9780198235521
Category : Law
Languages : en
Pages : 388
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Book Description
Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and religious studies. This volume presents twelve original essays by leading natural law theorists and their critics. The contributors discuss natural law theories of morality, law and legal reasoning, politics, and the rule of law. Readers get a clear sense of the wide diversity of viewpoints represented among contemporary theorists, and an opportunity to evaluate the arguments and counterarguments exchanged in the current debates between natural law theorists and their critics. Contributors include Hadley Arkes, Joseph M. Boyle, Jr., John Finnis, Robert P. George, Russell Hittinger, Neil MacCormick, Michael Moore, Jeffrey Stout, Joseph Raz, Jeremy Waldron, Lloyd Weinreb, and Ernest Weinrib.
Author: Marko Novak
Publisher: Cambridge Scholars Publishing
ISBN: 1527527042
Category : Law
Languages : en
Pages : 203
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Book Description
Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.
