This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory program in Brussels, but also on other programs in French, Belgian, and English universities. It is...
This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between l...
Legal reasoning settles morally pressing matters through a technique that largely bypasses open-ended moral argument. That technique makes central what certain persons validly decided in the past, for example in creating statutes, judicial resolutions, contracts, or wills. Identifying valid decisions is a lawyerly skill and, echoing legal practice, legal philosophy has paid considerable attention to validity criteria. But it has neglected to explore validity's point: whether, and if so exactly how, the special technique of validity contributes to a legal system's ability to realise justice...
Legal reasoning settles morally pressing matters through a technique that largely bypasses open-ended moral argument. That technique makes central wha...
In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis of the main coherentist approaches to both normative and factual reasoning...
In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance ...