Cantitate/Preț
Produs

Reasoning with Law

Autor Andrew Halpin
en Limba Engleză Paperback – 11 dec 2001
The reader is invited to follow a route that visits Fish's view of theory and practice,Raz's legal reasoning thesis, theoretical models of judicial review, Dworkin's right answer thesis, the law of the excluded middle and Lukasiewicz's development of three-valued logic, Wittgenstein's language games, and Moore's metaphysical realism. The destination is the practice at the heart of legal reasoning. It is suggested that this manifests the way in which the limitations of language and the incompleteness of human experience allow the opportunity for coherent development of the law and at the same time produce an inherent incoherence within the law. The central part of the book seeks to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language, but challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. Instead it is argued that law provides an unrivalled test-bed for examining the limits of the capacity of our words, and that the study of law may be used to confront in a robust and illuminating manner the limitations of that discipline. The final chapter considers some of the implications of recognising the incoherence at the heart of legal reasoning, commenting on an institutional approach to law, the legitimacy of law, legal definitions, different approaches to legal reasoning, the role of appellate courts, the general possibility of providing a theoretical model of law, the use of legal rules, and the nature of law's critical aperture.The book should be of interest to advanced undergraduate students (particularly on jurisprudence courses), postgraduate students, academics, and practitioners concerned to reflect on the nature of the discipline they practice.
Citește tot Restrânge

Toate formatele și edițiile

Toate formatele și edițiile Preț Express
Paperback (1) 30207 lei  6-8 săpt.
  Bloomsbury Publishing – 11 dec 2001 30207 lei  6-8 săpt.
Hardback (1) 56512 lei  3-5 săpt.
  Bloomsbury Publishing – 11 dec 2001 56512 lei  3-5 săpt.

Preț: 30207 lei

Nou

Puncte Express: 453

Preț estimativ în valută:
5782 6026$ 4813£

Carte tipărită la comandă

Livrare economică 06-20 ianuarie 25

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9781841132440
ISBN-10: 1841132446
Pagini: 202
Dimensiuni: 156 x 234 x 10 mm
Greutate: 0.3 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The reader is invited to follow a route that visits the ideas of several different theorists. The destination is the practice at the heart of legal reasoning. This book should interest postgraduate and advanced undergraduate students and academics.

Notă biografică

Andrew Halpin is Professor of Legal Theory in the School of Law at Swansea University.

Cuprins

1. INTRODUCTIONPart I: Preliminary Studies2. LAW, THEORY AND PRACTICE: CONFLICTING PERSPECTIVES?3. LAW, AUTONOMY, AND REASON4. A STUDY ON THE JUDICIAL ROLE5. EXCLUDED MIDDLES, RIGHT ANSWERS AND VAGUENESSPart II: Reasoning with Law6. THE USES OF WORDS7. SOME THEMES FROM WITTGENSTEIN'S PHILOSOPHICAL INVESTIGATIONS8. AN ANNEX ON REALISM9. WORDS AND CONCEPTS10. IMPLICATIONS

Recenzii

Reasoning with Law is a significant contribution to the field of analytic jurisprudence. It is a work praiseworthy for its precise and rigorous development of argument, extraordinary clarity of exposition, admirable depth and breadth of learning, and highly engaging prose style. Halpins' Reasoning with Law should be of great interest to anyone working in the field of analytic jurisprudence or the judicial power, and it will well repay a careful reading.

Descriere

9781841130705