Epistemic Uncertainty and Legal Theory (Applied Legal Philosophy) - Image 1

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Routledge Epistemic Uncertainty and Legal Theory (Applied Legal Philosophy)

Name: Epistemic Uncertainty and Legal Theory (Applied Legal Philosophy)
Brand: Routledge
Price: 131.92 GBP
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Product Description Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm. The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies. Review 'Epistemic Uncertainty and Legal Theory admirably succeeds in its chosen task of developing meta-theoretical criteria according to which we can evaluate competing theories of law. It offers a convincing and highly original argument for the preferability of inclusive over exclusive positivism as an account of the legal ordering of societies founded on constitutionally-entrenched charters of rights. The style is elegant and marked by a beautifully controlled economy of argument. An influential book that is a pleasure to read.' Antje du Bois-Pedain, University of Cambridge, UK About the Author Brian Burge-Hendrix is a Fellow of Churchill College, Cambridge, and a member of the Cambridge Forum for Legal and Political Philosophy. Educated in Canada, he has lectured extensively to students on legal philosophy, political philosophy, and applied ethics at several Canadian universities, including McMaster University and the University of Toronto. Dr Burge-Hendrix has published widely on contemporary legal philosophy, ancient legal theory, and the philosophy of music.

Product Specifications

Brand: Routledge
Format: Hardcover
ASIN: 0754675211
Category: Books > Subjects > Business, Finance & Law > Law
Domain: Amazon UK
Release Date: 28 December 2008
Listed Since: 17 June 2008

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Routledge Epistemic Uncertainty and Legal Theory (Applied Legal Philosophy)

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