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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Law as a Human Science

ISBN13: 9780415617321
To be Published: July 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £85.00

Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking. Interdisciplinary studies of law are now primarily understood as policy-oriented and socio-legal in their orientation; whilst the older ties between law and the humanities (with philosophy, history, rhetoric, etc.) have become more marginal academic curiosities.

This book makes a renewed case for law as a human science, by investigating the development of modern law as an academic discipline in relation to both the social scientific and hermeneutical traditions. The former – more Anglophone – approach associates law with an instrumental notion of knowledge and science: legal knowledge can be exploited both as a practitioner's tool and to provide potentially workable solutions to social problems. In contrast, the hermeneutic – and more Continental – approach situates law among the human sciences. This makes the instrumentalisation of legal knowledge difficult, if not impossible. But it is this approach that Panu Minkkinen defends here, in a radicalisation of law’s traditional affiliations with the human sciences. The ‘hermeneutical legal academic’, he argues, provides not only a renewed basis for seeing law as a human science, but also a new foundation for understanding it as an essentially critical enterprise.

Jurisprudence, Law and Society

Part 1: The Legal Academic
1. Max Weber and Legal Thinking
2. The Legal Academic's Impact
3. From Formal to Substantive Rationality

Part 2: The Science of Law
4. Law as a Moral Science
5. The Legal Academic as Interpreter
6. The Legal Academic and the Activist

Part 3: The Law School
7. The Edifying Law School
8. The Radical Law School

Part 4: The Politics of Legal Academia
9. Weber's Tragic Modernity