Epistemic Uncertainty and Legal Theory

ISBN-13: 9781138267794 / Angielski / Miękka / 2016 / 210 str.

Brian Burge-Hendrix

Opis

Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights - 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.

Recenzje

'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

Spis treści

Contents: Preface; Epistemic uncertainty and the methodology debate; Concept or concepts of law?; Choosing a theory of law; 'Methodological' positivism; Uncertainly on the ground; Understanding the Canadian constitution: the division of labour in legal theory; Perspectival differences; Bibliography; Index.

O autorze

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.