Evaluation and Legal Theory
By (author) Julie Dickson
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Evaluation and Legal Theory by Julie Dickson
Book DescriptionIf 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.
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Book DetailsISBN: 9781841131849
(195mm x 129mm x 12mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 5-Jun-2001
Country of Publication: United Kingdom
Books By Author Julie Dickson
Philosophical Foundations of European Union Law, Hardback (October 2012)
This volume brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law.
Evaluation and Legal Theory, Paperback (June 2001)» View all books by Julie Dickson
The book does not claim to solve the mysteries of meta-legal theory but seeks to contribute to and engender rigorous and focused debate on this topic.
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Author Biography - Julie Dickson
Julie Dickson is a Fellow and Tutor in Law at Somerville College,Oxford.
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