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Description - Evaluation and Legal Theory by Julie Dickson

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.

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Book Details

ISBN: 9781841131849
ISBN-10: 1841131849
Format: Hardback
(195mm x 129mm x 12mm)
Pages: 160
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 5-Jun-2001
Country of Publication: United Kingdom

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Author Biography - Julie Dickson

Julie Dickson is a Fellow and Tutor in Law at Somerville College,Oxford.

Books By Julie Dickson

Philosophical Foundations of European Union Law by Julie Dickson
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Evaluation and Legal Theory by Julie Dickson
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