Evaluation and Legal Theory

Evaluation and Legal Theory

Author: Julie Dickson

Publisher: Bloomsbury Publishing

Published: 2001-06-05

Total Pages: 161

ISBN-13: 1847313086

DOWNLOAD EBOOK

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.


Our Knowledge of the Law

Our Knowledge of the Law

Author: George Pavlakos

Publisher:

Published: 2007

Total Pages: 267

ISBN-13: 9781472563996

DOWNLOAD EBOOK

In the long-standing debate between positivism and non-positivism, legal validity has always been a subject of controversy. While positivists deny that moral values play any role in the determination of legal validity, non-positivists affirm the opposite thesis. In departing from this narrow point of view, the book focuses on the notion of legal knowledge. Apart from what one takes to constitute the grounds of legal validity, there is a more fundamental issue about cognitive validity: how do we acquire knowledge of whatever is assumed to constitute the elements of legal validity? When the question is posed in this form a fundamental shift takes place. Given that knowledge is a philosophical concept, for anything to constitute an adequate ground for legal validity it must satisfy the standards set by knowledge. In exploring those standards the author argues that knowledge is the outcome of an activity of judging, which is constrained by reasons (reflexive). While these reasons may vary with the domain of judging, the reflexive structure of the practice of judging imposes certain constraints on what can constitute a reason for judging. Amongst these constraints are found not only general metaphysical limitations but also the fundamental principle that one with the capacity to judge is autonomous or, in other words, capable of determining the reasons that form the basis of action. One sees, as soon as autonomy has been introduced into the parameters of knowledge, that law is necessarily connected with every other practical domain. The author shows, in the end, that the issue of knowledge is orthogonal to questions about the inclusion or exclusion of morality, for what really matters is whether the putative grounds of legal validity are appropriate to the generation of knowledge. The outcome is far more integral than much work in current theory: neither an absolute deference to either universal moral standards or practice-independent values nor a complete adherence to conventionality and institutional arrangements will do. In suggesting that the current positivism versus non-positivism debate, when it comes to determining law's nature, misses the crux of the matter, the book aims to provoke a fertile new debate in legal theory.


Problems at the Roots of Law

Problems at the Roots of Law

Author: Joel Feinberg

Publisher: Oxford University Press

Published: 2002-12-26

Total Pages: 232

ISBN-13: 0190288647

DOWNLOAD EBOOK

Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's audience will reflect the diverse nature of Feinberg's own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.


Critical Legal Theory

Critical Legal Theory

Author: Costas Douzinas

Publisher:

Published: 2012

Total Pages: 392

ISBN-13: 9780415486743

DOWNLOAD EBOOK

Critical Legal Theory has conventionally been traced to the social, political, and philosophical movements of the 1960s and, before that, to the early-twentieth-century ?realist? critique of modern jurisprudence. In truth, however, its origins go back to classical and pre-modern thought, and to their acknowledgement of the centrality of law in attempts to conceive of the good life, or the just polity?a centrality that is, moreover, also discernible in the recent gravitation of a number of contemporary philosophers and theorists (such as Habermas, Derrida, Agamben, Luhmann, Latour) towards law. Against the ?restricted? and ?conservative? character of modern jurisprudence, Critical Legal Theory constitutes a return to this more general interest in law and legality. Exceeding (if not exploding) the limits of jurisprudence, it has, moreover, drawn upon the most ancient and most contemporary traditions of critical thought in order to pursue new ways of understanding, living, and imagining the law. Critical Legal Theory is now an established?if heterogeneous and controversial?field of study, represented by numerous international journals, regional organizations, and global conferences. As the field continues to flourish as never before, this new title in Routledge's Major Works series, Critical Concepts in Law, meets the need for an authoritative reference work to make sense of a rapidly growing and ever more complex corpus of literature. Indeed, it is a landmark collection of Critical Legal Theory's principal sources, orientations, movements, and themes. The first volume in the collection (?Critical Legal Origins?) illuminates the foundations of Critical Legal Theory in contemporary continental thought, as well as providing an account of its institutional history. Volume II (?Critical Legal Orientations?), meanwhile, examines the ways in which Critical Legal Theory has addressed and problematized conventional jurisprudential ideas about law, drawing upon the insights of philosophy, as well as other disciplines. Volume III (?Critical Legal Movements?) assembles the best and most influential research to provide an overview of the movements that characterize the field. The scholarship assembled in the final volume (?Critical Legal Themes?) brings together the key work to explore a range of substantial themes with which Critical Legal Theorists have engaged. Supplemented with a full index and comprehensive introductions, newly written by the editors, which situate the collected material in the context of more general theoretical traditions, as well as in critical relation to jurisprudence, Critical Legal Theory is destined to be valued by scholars, students, and researchers as a vital resource.


Legal Reasoning and Legal Theory

Legal Reasoning and Legal Theory

Author: Neil MacCormick

Publisher: Clarendon Press

Published: 1994-08-11

Total Pages: 322

ISBN-13: 0191018597

DOWNLOAD EBOOK

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.


Neutrality and Theory of Law

Neutrality and Theory of Law

Author: Jordi Ferrer Beltrán

Publisher: Springer Science & Business Media

Published: 2013-04-03

Total Pages: 283

ISBN-13: 9400760671

DOWNLOAD EBOOK

This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.


The Concept of Ideals in Legal Theory

The Concept of Ideals in Legal Theory

Author: Sanne Taekema

Publisher: Springer Science & Business Media

Published: 2002-12-31

Total Pages: 274

ISBN-13: 9789041119711

DOWNLOAD EBOOK

Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.


Moral Aspects of Legal Theory

Moral Aspects of Legal Theory

Author: David Lyons

Publisher: Cambridge University Press

Published: 1993-01-29

Total Pages: 250

ISBN-13: 9780521438353

DOWNLOAD EBOOK

In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.


Legal Theory and the Media of Law

Legal Theory and the Media of Law

Author: Thomas Vesting

Publisher: Edward Elgar Publishing

Published: 2018-02-23

Total Pages: 711

ISBN-13: 1784711608

DOWNLOAD EBOOK

As many disciplines in the humanities have experienced a focus on culture’s impact in recent decades, questions surrounding the significance of media such as writing, print and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory.