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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: 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: Scott Hershovitz
Publisher: OUP Oxford
ISBN: 0191021652
Category : Law
Languages : en
Pages : 352
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Book Description
Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory. The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin's work.
Author: Bartosz Brożek
Publisher: Cambridge University Press
ISBN: 1108493254
Category : Law
Languages : en
Pages : 191
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Book Description
How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.
Author: John Hart Ely
Publisher: Harvard University Press
ISBN: 0674263294
Category : Law
Languages : en
Pages : 281
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Book Description
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author: Jeffrey Denys Goldsworthy
Publisher: Oxford University Press
ISBN: 0199274134
Category : Law
Languages : en
Pages : 372
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Book Description
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
Author: Ronald Dworkin
Publisher:
ISBN: 9788175342569
Category : Law
Languages : en
Pages : 0
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Book Description
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Author: Bert van Roermund
Publisher: Edward Elgar Publishing
ISBN: 1803922389
Category : Law
Languages : en
Pages : 167
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Book Description
In seven pioneering dialogues, Bert van Roermund resumes the conversations he has had over the last twenty-five years on reconciliation after political oppression. Questions of time are predominant here: How does memory relate to both past and future? Can one be a victim and perpetrator at the same time? Is reconciliation ultimately based on an original bond among humans that enables survivors to forgive their former oppressors? Does this entail a betrayal of past sufferings?
Author: Mark Bevir
Publisher: Routledge
ISBN: 1317533623
Category : Political Science
Languages : en
Pages : 489
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Book Description
Interpretive political science focuses on the meanings that shape actions and institutions, and the ways in which they do so. This Handbook explores the implications of interpretive theory for the study of politics. It provides the first definitive survey of the field edited by two of its pioneers. Written by leading scholars from a range of disciplinary backgrounds, the Handbook’s 32 chapters are split into five parts which explore: the contrast between interpretive theory and mainstream political science; the main forms of interpretive theory and the theoretical concepts associated with interpretive political science; the methods used by interpretive political scientists; the insights provided by interpretive political science on empirical topics; the implications of interpretive political science for professional practices such as policy analysis, planning, accountancy, and public health. With an emphasis on the applications of interpretive political science to a range of topics and disciplines, this Handbook is an invaluable resource for students, scholars, and practitioners in the areas of international relations, comparative politics, political sociology, political psychology, and public administration.
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.
