Evaluation and Legal Theory

Author/creator Dickson, Julie Author
Format Electronic
Publication InfoOxford : Hart Publishing Limited Portland : International Specialized Book Services [Distributor]
Description160 p. 07.990 x 05.300 in.
Supplemental ContentFull text available from Ebook Central - Academic Complete
Subjects

SeriesLegal Theory Today Ser.
Summary Annotation 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 Raz’s position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkin’s 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.
Access restrictionAvailable only to authorized users.
Technical detailsMode of access: World Wide Web
Genre/formElectronic books.
LCCN 2001280084
ISBN9781841131849
ISBN1841131849 (Trade Cloth) Active Record
Standard identifier# 9781841131849
Stock number00136936

Availability

Library Location Call Number Status Item Actions
Electronic Resources Access Content Online ✔ Available