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Evaluation And Legal Theory Julie Dickson

Evaluation And Legal Theory

Julie Dickson

Published May 1st 2001
ISBN : 9781841131849
Hardcover
Enter the sum

 About the Book 

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 themselvesMoreIf 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 Razs 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.