Evaluation and Legal Theory

Evaluation and Legal Theory

Description

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.


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Details

Author(s)
Julie Dickson
Format
Paperback | 160 pages
Dimensions
129 x 198 x 8mm | 167g
Publication date
01 Aug 2001
Publisher
Bloomsbury Publishing PLC
Imprint
Hart Publishing
Publication City/Country
Oxford, United Kingdom
Language
English
Illustrations note
black & white illustrations
ISBN10
1841130818
ISBN13
9781841130811
Bestsellers rank
1,193,337