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Vol 21 No 11 Nov/Dec 2016

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Epistemology and Method in Law


ISBN13: 9781855215993
ISBN: 1855215993
Published: January 2005
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



Despatched in 8 to 10 days.

Samuel questions the widely held assumption that to have knowledge of law is simply to have knowledge of rules.

In this volume, he examines what it is to have knowledge of law, embracing not only conceptual foundations and methods used by jurists, but also epistemological schemes employed by social scientists in general, in order to show that such schemes are closely related to those used by lawyers and judges.

Subjects:
Jurisprudence
Contents:
The Scope of Legal Epistemology: The domain of epistemology; Approaches to epistemology; Legal epistemology and legal history; Internal versus external approaches to epistemology. Scientia Iuris: Science; Legal science; The retreat from science; Legal science and codification. Methodologies in Law: Inductive reasoning in Roman law; Deductive reasoning and the codes; Professional viewpoints. Institutions and Concepts: Legal institutions; Legal concepts; Property and sovereignty. Facts and Law: Facts and the rule model; Moving beyond the rules; Facts as images; Categorizing facts; Statutory texts and factual images. Taxonomy in law: Classification and knowledge; Legal classification; Beyond the institutional categories; Classification in the common law; Taxonomy and specialization. Theories of Liability: Subjective and objective theories; Categorizing the mind. Schemes of Intelligibility in Social Science: Natural sciences and human sciences; Typology of schemes; Holistic and individual facts.