Pragmatism and Law: From Philosophy to Dispute Resolution

ISBN-13: 9780754622086 / Angielski / Twarda / 2002 / 376 str.

Michal Alberstein

Opis

A differend is a case of conflict between (at least) two parties, that cannot be equitably resolved for lack of a rule of judgement applicable to both arguments. The thesis from which this book develops exposes and reveals the differend between two genres of discourse - pragmatism and law.

Spis treści

Contents: The maturing of the pragmatic idea in law and society (or: the fall, and rise of philawsophy); Settled law and the law-is-not-but-ought-to-be: the pragmatic philosophy of dispute resolution (or: why couldn’t Henry Hart speak?); Taking sides: margins and phases of pragmatics of legal process disciplines (or: the pragmatists that we are); In search of the dispute: on lawyers and legal philawsophers at Harvard Law school (or: some private hope and public irony); From philawsophy to dispute-resolution (or: layers of mediation, and models of engagements in reality); Concluding notes; Bibliography; Index.

O autorze

Michal Alberstein, Bar Ilan University, Israel