Evaluation And Legal Theory

Overview

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? This book tackles methodological or meta-theoretical issues such as these, and does so by answering the question: to what ...
See more details below
Paperback
$41.49
BN.com price
(Save 5%)$44.00 List Price
Other sellers (Paperback)
  • All (4) from $43.17   
  • New (1) from $43.17   
  • Used (3) from $58.68   
Sending request ...

Overview

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? This book tackles methodological or meta-theoretical issues such as these, and does so by answering 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 perplexing myth that legal positivism seeks a value-free account of law, the author explains and defends Joseph Raz's position that evaluation is essential to successful legal theory, while refuting John Finnis and Ronald Dworkin's contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. 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.
Read More Show Less

Editorial Reviews

Booknews
Weighing the theories of Finnis, Raz, and Dworkin, this small book considers the qualities that make for a successful account of jurisprudence. Dickson (law, University College London) considers the role of evaluation in analysis and justification. The moral consequences theory, Dworkinian methodology, and the argument from function are also discussed. Distributed by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Read More Show Less

Product Details

  • ISBN-13: 9781841130811
  • Publisher: Hart Publishing (UK)
  • Publication date: 6/5/2001
  • Series: Legal Theory Today Series
  • Pages: 164
  • Product dimensions: 5.06 (w) x 7.81 (h) x 0.35 (d)

Table of Contents

Acknowledgements
1 What's the Point of Jurisprudence? 1
2 Introducing the Moral Evaluation Thesis 29
3 Indirectly Evaluative Legal Theory: Meeting Finnis' Challenge 51
4 Finnis and the Moral Justification Thesis 71
5 The Beneficial Moral Consequences Thesis and an Introduction to Dworkinian Methodology 83
6 What's the Point of Law? Dworkinian Methodology and the Argument from Law's Function 103
7 Carrying on the Conversation 133
Index 145
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)