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Evaluation and Legal Theory: Or How to Succeed in Jurisprudence Without Moral Evaluation
Hardcover
Series: Legal Theory Today, Book 3
ISBN13: 9781841131849
Publisher: Hart Publishing
Published: May 1 2001
Pages: 160
Weight: 0.64
Height: 0.44 Width: 5.00 Depth: 8.00
Language: English
If Raz and Dworkin disagree over how law should be characterised, 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, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature.
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