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Evaluation and Legal Theory


ISBN13: 9781841130811
ISBN: 1841130818
Published: June 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £32.99



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

If Raz and Dworkin disagree over how law should be characterized, 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.

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.

Subjects:
Jurisprudence
Contents:
What's the point of jurisdiction?; introducing the moral evaluation thesis; indirectly evaluative legal theory - meeting Finnis' challenge; Finnis and the moral judgement thesis; the beneficial moral consequences thesis and an introduction to Dworkinian methodology; what's the point of law? Dworkinian methodology and the argument from law's function; carrying on the conversation.

Series: Legal Theory Today

Law After Modernity ISBN 9781841130293
Published April 2013
Hart Publishing
£85.00
Law After Modernity (eBook) ISBN 9781782251200
Published April 2013
Hart Publishing
£76.50
(ePub)
Buy
Observing Law through Systems Theory (eBook) ISBN 9781782250128
Published December 2012
Hart Publishing
£72.00
(ePub)
Buy
Observing Law through Systems Theory ISBN 9781849462181
Published December 2012
Hart Publishing
£80.00
Answering for Crime: Responsibility and Liability in The Criminal Law (eBook) ISBN 9781847317179
Published September 2009
Hart Publishing
£35.09
(ePub)
Buy
Answering for Crime: Responsibility and Liability in The Criminal Law ISBN 9781849460330
Published September 2009
Hart Publishing
£38.99
Answering for Crime: Responsibility and Liability in the Criminal Law ISBN 9781841137537
Published November 2007
Hart Publishing
£95.00
£38.99
Consent in the Law ISBN 9781841136790
Published January 2007
Hart Publishing
£95.00
Legal Norms & Normativity: An Essay in Geneology ISBN 9781841134550
Published October 2006
Hart Publishing
£75.00
Costs and Cautionary Tales: Economic Insights for the Law ISBN 9781841133690
Published April 2006
Hart Publishing
£37.99
A Sociology of Jurisprudence ISBN 9781841135984
Published February 2006
Hart Publishing
£28.99
Risks and Legal Theory ISBN 9781841130903
Published April 2004
Hart Publishing
£26.99
Risks and Legal Theory ISBN 9781841130897
Published April 2004
Hart Publishing
£75.00
Law and Aesthetics ISBN 9781841130262
Published June 2001
Hart Publishing
£27.99
Law and Aesthetics ISBN 9781841132433
Published June 2001
Hart Publishing
£80.00
Law as a Social Institution
Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh
ISBN 9781841132310
Published June 2001
Hart Publishing
£26.99
Law as a Social Institution
Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh
ISBN 9781841132303
Published June 2001
Hart Publishing
£80.00
Law in Its Own Right
Henrik Palmer OlsenLecturer, Institute of Legal Science, University of Copenhagen, Denmark, Stuart ToddingtonLecturer, University of Central Lancashire, Preston
ISBN 9781841130286
Published January 2000
Hart Publishing
£27.99
Law in Its Own Right
Henrik Palmer OlsenLecturer, Institute of Legal Science, University of Copenhagen, Denmark, Stuart ToddingtonLecturer, University of Central Lancashire, Preston
ISBN 9781841130347
Published January 2000
Hart Publishing
£80.00