Modern Legal Theory & Judicial Impartiality.
This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judic...
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| Format: | Electronic eBook |
| Language: | English |
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Hoboken :
Taylor and Francis,
2012.
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| Online Access: | Full text (Emerson users only) Full text (Emmanuel users only) Full text (NECO users only) Full text (MCPHS users only) Full text (Wentworth users only) |
Table of Contents:
- Front Cover; Modern Legal Theory andJudicial Impartiality; Copyright Page; Acknowlegements; Foreword; Contents; 1. Introduction: law and impartiality; 2. The legal positivism of HLA Hart; I. Hart's thesis; II. Hart and the problem of 'essentially contested concepts'; III. Legal practice and the linguistic boundaries of legal rules; IV. Legal positivism after Hart; 3. Max Weber and the virtues of legal positivism; I. Weber's thesis; II. Predictability and calculability; III. The real virtues of legal positivism; 4. Dworkin and the proper methodology of legal theory
- I. Dworkin's methodological claimsII. Objectivity, truth, and impartiality; III. The problems with relying on practitioners' own understanding; IV. The error and the insight; 5. Dworkin's 'law as integrity'; I. Dworkin's thesis; II. Integrity and impartiality; 6. Law and reason: beyond impartiality; I. Legislation; II. Legal interpretation; III. The non-legal adjudicator and the judge; 7. Law and impartiality: conclusion; Bibliography; Index