A Study of Epistemology in Legal Theory PDF Download

Author: Michael D. Roumeliotis
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 216

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Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674013605
Category : Business & Economics
Languages : en
Pages : 474

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Book Description
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

Author: Mark Van Hoecke
Publisher: Bloomsbury Publishing
ISBN: 1847311245
Category : Law
Languages : en
Pages : 408

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Book Description
Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.

Author: Ashk Dahlen
Publisher: Routledge
ISBN: 1135943540
Category : Social Science
Languages : en
Pages : 477

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This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.

Author: Bartosz Brożek
Publisher: Cambridge University Press
ISBN: 1108493254
Category : Law
Languages : en
Pages : 191

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How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.

Author: MaksymilianDel Mar
Publisher: Routledge
ISBN: 1351560506
Category : History
Languages : en
Pages : 435

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Book Description
The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.

Author: V.P. Salnikov
Publisher: Cambridge Scholars Publishing
ISBN: 152751787X
Category : Law
Languages : en
Pages : 280

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Book Description
The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.

Author: Paul K. Moser
Publisher: Oxford University Press
ISBN: 019020818X
Category : Philosophy
Languages : en
Pages : 649

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Book Description
The Oxford Handbook of Epistemology contains 19 previously unpublished chapters by today's leading figures in the field. These chapters function not only as a survey of key areas, but as original scholarship on a range of vital topics. Written accessibly for advanced undergraduates, graduate students, and professional philosophers, the Handbook explains the main ideas and problems of contemporary epistemology while avoiding overly technical detail.

Author: Larry Laudan
Publisher: Cambridge University Press
ISBN: 113945708X
Category : Philosophy
Languages : en
Pages : 235

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Book Description
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.

Author: Robert Audi
Publisher: Psychology Press
ISBN: 9780415130424
Category : Connaissance, Théorie de la
Languages : en
Pages : 340

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Book Description
This textbook introduces the concepts and theories central for understanding the nature of knowledge. It is aimed at students who have already done an introductory course. Epistemology, or the theory of knowledge, is concerned about how we know what we do, what justifies us in believing what we do, and what standards of evidence we should use in seeking truths about the world of human experience. The author's approach draws the reader into the subfields and theories of the subject, guided by key concrete examples. Major topics covered include perception and reflection as grounds of knowledge, the nature, structure, and varieties of knowledge, and the character and scope of knowledge in the crucial realms of ethics, science and religion.