Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Documentary Evidence

Documentary Evidence

Price: £250.00

Rook and Ward

Read more...


Welcome to Wildys

Watch


Wildy, Simmonds & Hill

New Edition
Small Claims Procedure in the County Court: A Practical Guide
Includes guide to Road Traffic Act Small Claims Protocol


The Complete List...


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Law's Judgement


ISBN13: 9781509934652
Published: November 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £35.00
Hardback edition , ISBN13 9781509913282



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.

Law's Judgement elucidates and defends a feature of contemporary law that is currently either overlooked or too glibly dismissed as morally troublesome or historically anachronistic. That feature is the abstract nature of law's judgement and its three components show that, when law judges us, it often does so in ignorance of our particular characters and abilities, on the one hand, and in ignorance of our context and circumstances, on the other. Law's judgement is thus insensitive to all or much that makes us the particular people we are. The book explores various connections between this mode of judgement and some of our most important legal and political values. It shows that law's abstract judgement is closely related to important juristic conceptions of personhood, responsibility and impartiality, and that these notions are not without moral significance. The book also examines the connections between modern law's judgement and three of our most important political values, namely, dignity, equality and community. It argues that, if we value particular conceptions of dignity, equality and community, then we must also value law's judgement. Illuminating these connections therefore serves a double purpose: first, it makes a case against those who counsel liberation from law's abstract judgement and, second, it redirects attention to the task of morally evaluating law's abstract judgement in its own terms.

Subjects:
Jurisprudence
Contents:
1. Law's Judgement
I. How Law Judges Us
II. Why and How?
III. Prospect
2. Law's Persons
I. Persons in Law
II. Legalism, Abstraction and Other Vices
III. Conclusion
3. Fairness: Responsibility, Impartiality, Equity
I. Responsibility
II. Impartiality
III. Equity and Mercy
4. Dignity
I. Concept and Conceptions
II. Distinctions without Differences
III. Connections
IV. Is Dignity a Value?
5. Equality
I. Making Room
II. Two Conceptions of Equality
III. Difference, Confluence, Connections
6. Community
I. Who and How?
II. What and Why?
7. Conclusion
I. Immanence and Value
II. Taking Stock