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Author: Julie Dickson
Publisher: Bloomsbury Publishing
ISBN: 1847313086
Category : Law
Languages : en
Pages : 161
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Book Description
If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.
Author: Julie Dickson
Publisher: Bloomsbury Publishing
ISBN: 1847313086
Category : Law
Languages : en
Pages : 161
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Book Description
If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.
Author: Julie Dickson
Publisher: Hart Publishing
ISBN: 1841131849
Category : Law
Languages : en
Pages : 162
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Book Description
If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.
Author: Michael Giudice
Publisher: Routledge
ISBN: 1351542621
Category : History
Languages : en
Pages : 559
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Book Description
The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.
Author: Andrei Marmor
Publisher: Bloomsbury Publishing
ISBN: 1847310877
Category : Law
Languages : en
Pages : 190
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Book Description
This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.
Author: Anthony I Ogus
Publisher: Bloomsbury Publishing
ISBN: 1847311946
Category : Law
Languages : en
Pages : 334
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Book Description
The aim of this book is to provide an overview of how economic analysis can enrich an understanding of law and can provide standards for its critical evaluation. It eschews a dogmatic approach, acknowledging that non-economic goals play an important part in the law. It is directed primarily at lawyers and law students, particularly those who hitherto have been sceptical of the uses and value of law and economics. It is not a conventional textbook in the sense that it does not deal systematically with different areas of law. Rather each chapter is built on a particular theme or set of themes, with examples drawn from across legal categories. The approach is discursive, anecdotal and analytical, reflecting the ideas and convictions developed during the author's 30 years working in the field of law and economics. Winner of the Hart SLSA Book Prize 2007 for an outstanding piece of socio-legal scholarship.
Author: Neil MacCormick
Publisher: Clarendon Press
ISBN: 0191018597
Category : Law
Languages : en
Pages : 621
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Book Description
What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
Author: Wael B. Hallaq
Publisher: Routledge
ISBN:
Category : History
Languages : en
Pages : 354
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Book Description
This work deals with the law and legal theory in classical and medieval Islam. Among the topics covered are: non-analogical arguments in Sunni juridical Qiyas; logic and formal arguments in Sunni jurisprudence; inductive corroboration; and al-Shafi'i and his influence on Islamic jurisprudence.
Author: David Lyons
Publisher: Cambridge University Press
ISBN: 9780521438353
Category : Law
Languages : en
Pages : 250
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Book Description
In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.
Author: Hugh Baxter
Publisher: Stanford University Press
ISBN: 0804777810
Category : Law
Languages : en
Pages : 572
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Book Description
Though many legal theorists are familiar with Jürgen Habermas's work addressing core legal concerns, they are not necessarily familiar with his earlier writings in philosophy and social theory. Because Habermas's later work on law invokes, without significant explanation, the whole battery of concepts developed in earlier phases of his career, even otherwise sympathetically inclined legal theorists face significant obstacles in evaluating his insights. A similar difficulty faces those outside the legal academy who are familiar with Habermas's earlier work. While they readily comprehend Habermas's basic social-theoretical concepts, without special legal training they have difficulty reliably assessing his recent engagement with contemporary legal thought. This new work bridges the gap between legal experts and those without special legal training, critically assessing the attempt of an unquestionably preeminent philosopher and social theorist to engage the world of law.
Author: Peter Dahler-Larsen
Publisher: Stanford University Press
ISBN: 0804778124
Category : Business & Economics
Languages : en
Pages : 416
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Book Description
Evaluation—whether called by this name, quality assurance, audit, accreditation, or others—is an important social activity. Any organization that "lives in public" must now evaluate its activities, be evaluated by others, or evaluate others. What are the origins of this wave of evaluation? And, what worthwhile results emerge from it? The Evaluation Society argues that if we want to understand many of the norms, values, and expectations that we, sometimes unknowingly, bring to evaluation, we should explore how evaluation is demanded, formatted, and shaped by two great principles of social order: organization and society. With this understanding, we can more conscientiously participate in evaluation processes; better position ourselves to understand many of the mysteries, tensions, and paradoxes in evaluation; and use evaluation in a more informed way. After exploring the sociology and organization of evaluation in this landmark work, author Peter Dahler-Larsen concludes by discussing issues that are critical for the future of evaluation—as a discipline and a societal norm.
