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Author: Thomas Bustamante
Publisher: Bloomsbury Publishing
ISBN: 1509961798
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: Thomas Bustamante
Publisher: Bloomsbury Publishing
ISBN: 1509961798
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: 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: David Kenny
Publisher: Taylor & Francis
ISBN: 1040113567
Category : Law
Languages : en
Pages : 197
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Book Description
This book uses literary examples to make the case for understanding law and the legal system through the lens of philosophical pragmatism. For pragmatists, experience is everything; they argue against understanding the world through any abstraction, maintaining that it is simply too complicated to fit into categories or theories. Legal pragmatism is the application of this philosophy to the making of law, the practice of law, and the practice of judging. This book maintains that the best way to understand legal pragmatism is not through bare theoretical exegesis but through literature: that is, through stories that cast light on various pragmatic aspects of law. Engaging a range of literary sources, including works by Seamus Heaney, Hilary Mantel, Harper Lee, and Ian McEwan, the book makes a compelling case for the contemporary relevance of pragmatism. This book will appeal to legal theorists, law and literature/humanities scholars, readers of literary criticism, and those with interests in pragmatist philosophy.
Author: Thomas Bustamante
Publisher: Springer Nature
ISBN: 3031618793
Category :
Languages : en
Pages : 310
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Book Description
Author: Michael Robertson
Publisher: Cambridge University Press
ISBN: 1107074746
Category : Law
Languages : en
Pages : 367
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Book Description
This book explores Fish's unconventional positions on politics and law, explaining how they flow from his positions on three philosophical issues.
Author: Stanley Fish
Publisher: Harvard University Press
ISBN: 0674005341
Category : Social Science
Languages : en
Pages : 337
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Book Description
Stanley Fish is an equal opportunity antagonist. A theorist who has taken on theorists, an academician who has riled the academy, a legal scholar and political pundit who has ruffled feathers left and right, Fish here turns with customary gusto to the trouble with principle. Specifically, Fish has a quarrel with neutral principles. The trouble? They operate by sacrificing everything people care about to their own purity. And they are deployed with equal highmindedness and equally absurd results by liberals and conservatives alike. In this bracing book, Fish argues that there is no realm of higher order impartiality--no neutral or fair territory on which to stake a claim--and that those who invoke one are always making a rhetorical and political gesture. In the end, it is history and context, the very substance against which a purportedly abstract principle defines itself, that determines a principle's content and power. In the course of making this argument, Fish takes up questions about academic freedom and hate speech, affirmative action and multiculturalism, the boundaries between church and state, and much more. Sparing no one, he shows how our notions of intellectual and religious liberty--cherished by those at both ends of the political spectrum--are artifacts of the very partisan politics they supposedly transcend. The Trouble with Principle offers a provocative challenge to the debates of our day that no intellectually honest citizen can afford to ignore.
Author: Mark McBride
Publisher: Bloomsbury Publishing
ISBN: 1509937668
Category : Law
Languages : en
Pages : 361
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Book Description
This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.
Author: Mark McBride
Publisher: Bloomsbury Publishing
ISBN: 1509910158
Category : Law
Languages : en
Pages : 255
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Book Description
This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, focusing on whether judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure public goods, argues that the third party beneficiary objection to the Interest Theory is fatal. McBride builds on Sreenivasan's Hybrid Theory of claim-rights to construct his new Tracking Theory of rights. Cruft then argues that the best extant versions of the Interest and Will Theories of rights cannot avoid a form of circularity, and Van Duffel argues that meeting four adequacy constraints, which he proposes, counts in favour of any theory of rights. In Part 3, Andersson proposes a tie breaking procedure for rights conflicts in the applied realm of politics, and Steiner concludes by alleging that Kant's principle of right, a standard of corrective justice, has distributive implications. 'A fine collection of cutting-edge essays on the most important normative concept of modernity.' Professor Leif Wenar, King's College London 'This important collection proceeds much beyond the famous 1998 A Debate Over Rights which sets the stage for the debates concerning rights since then. It explores three aspects of rights. First it re-examines the Hohfeldian classification and highlights its importance and relevance. Second it investigates and develops the debates between the interest and the will theory. It includes essays by the main established proponents of these two positions as well as essays by newcomers to this field. The different essays in this part address each other in ways which sharpen and clarify the disagreements and provide new original arguments for the contending views. Last, it provides a new perspective on the debates concerning conflicts of rights and the ways to overcome them. This collection will no doubt dominate the future conceptual discussions concerning the nature of rights and their role in political theory.' Professor Alon Harel, The Hebrew University of Jerusalem
Author: Thomas Bustamante
Publisher: Bloomsbury Publishing
ISBN: 1509933891
Category : Law
Languages : en
Pages : 352
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Book Description
This edited collection considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. It includes contributions from expert philosophers of law. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. The collection includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law.
Author: Luís Duarte d'Almeida
Publisher: Bloomsbury Publishing
ISBN: 1782252479
Category : Law
Languages : en
Pages : 426
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Book Description
Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.
