Epistemic Uncertainty and Legal Theory
eBook - ePub

Epistemic Uncertainty and Legal Theory

  1. 210 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Epistemic Uncertainty and Legal Theory

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Table of contents
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About This Book

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.

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Yes, you can access Epistemic Uncertainty and Legal Theory by Brian Burge-Hendrix in PDF and/or ePUB format, as well as other popular books in Derecho & Jurisprudencia. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Routledge
Year
2016
ISBN
9781351939379
Edition
1
Topic
Derecho
Subtopic
Jurisprudencia

Table of contents

  1. Cover
  2. Half Title
  3. Dedication
  4. Title Page
  5. Copyright Page
  6. Table of Contents
  7. Series Editor’s Preface
  8. Preface
  9. Acknowledgements
  10. 1 Epistemic Uncertainty and the Methodology Debate
  11. 2 Concept or Concepts of Law?
  12. 3 Choosing a Theory of Law
  13. 4 ‘Methodological’ Positivism
  14. 5 Uncertainty on the Ground
  15. 6 Understanding the Canadian Constitution: The Division of Labour in Legal Theory
  16. 7 Perspectival Differences
  17. Bibliography
  18. Index