In recent years, a number of key terms of the criminal law have seemed to defy definition. Skepticism over the possibility of defining basic concepts and identifying general principles has been voiced by both judges and academic commentators. This raises broad issues of theoretical interest, but also touches on such practical concerns as the efforts made by the Law Commission to reform the law as well as wider proposals for the codification of criminal law. Furthermore, the Human Rights Act incorporates a requirement of legality under Article 7 of the ECHR, whose scope is clearly connected to...
In recent years, a number of key terms of the criminal law have seemed to defy definition. Skepticism over the possibility of defining basic concepts ...
This book attempts to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. At the same time, it challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. An introductory section deals with some preliminary matters in considering the nature of the relationship between legal theory and the practice of law, the scope of legal reasoning, and the role of the judge. Then the suggestion is made that the practice at the heart of legal reasoning is itself a...
This book attempts to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. ...
This book attempts to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. At the same time, it challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. An introductory section deals with some preliminary matters in considering the nature of the relationship between legal theory and the practice of law, the scope of legal reasoning, and the role of the judge. Then the suggestion is made that the practice at the heart of legal reasoning is itself a...
This book attempts to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. ...
In recent years, rights have become a significant concern of legal theorists, as well as those involved in moral and political philosophy. This text seeks to advance the debates by developing the analysis of rights, and focusing upon more general theoretical considerations relating to rights.
In recent years, rights have become a significant concern of legal theorists, as well as those involved in moral and political philosophy. This text s...
A guide to the archaeological sites of the island of Ireland, including over 250 plans and illustrations, and expert coverage of all Ireland's major archaeological treasures. This volume is meant for archaeologists, students of Irish history, and tourists.
A guide to the archaeological sites of the island of Ireland, including over 250 plans and illustrations, and expert coverage of all Ireland's major a...
The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: wow precisely is it to be undertaken? Is it called for by developments in legal practice or are these adequately addressed by current legal theory? What...
The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders...