Interpretivism and the Limits of Law


Book Description

What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.




The Principles of International Law : Interpretivism and Its Judicial Consequences


Book Description

Principles are part of international law as much as of other legal orders. Nonetheless, beyond principles referred to the functioning of IL, or the sector related discipline in discrete fields, those fundamental principles identifying the raison d'etre, purpose and value of the legal international order, as a whole, remain much disputed, to say the least. In addressing such a problem, one that deeply affects interpretation and legal adjudication, this article acknowledges the limits and weakness of legal positivism in making sense of the inter- and supra-national legal order(s). It appraises also the novel from the late Ronald Dworkin, concerning IL, and its consequence for interpretivism in the international environment, so different from State political communities and their 'integrity'. Finally, some recent cases before international Courts shall be considered, that expose difficulties stemming from traditional legal positivist strictures, and explain how judicial reasoning actually profits from asking further questions of principles. All the more so, if the issues at stake happen to be covered by two or more diverging legal regimes, that would, per sé, lead to opposite outcomes.




Exploring Law's Empire


Book Description

Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory. The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin's work.




Foundations of Qualitative Research


Book Description

"Willis catches the student up on relevant aspects of philosophy, empiricism, history, and prevailing political influences. This building of chronology is so valuable for students in understanding the origins of specific schools of thought in relations to a paradigm." —Heather T. Zeng, NACADA Foundations of Qualitative Research introduces key theoretical and epistemological concepts replete with historical and current real-world examples. Author Jerry W. Willis provides an invaluable resource to guide the critical and qualitative inquiry process written in an accessible and non-intimidating style that brings these otherwise difficult concepts to life. Key Features: Covers the conceptual foundations of interpretive, critical, and post-positivist paradigms: A thorough background of theory and social inquiry is given by looking at the development of each paradigm throughout history. Provides real-world examples: Cases illustrate different approaches to the same research problem so that students can better understand the contrasting features of these paradigms. Introduces seven qualitative research frameworks: In-depth coverage is provided on Altheide and Johnson′s Analytic Realism; Denzin and Lincoln′s Interpretive Perspective; Eisner′s Connoisseurship Model of Inquiry; Semiotics; the Phenomenological Psychological Model; Poststructuralism and Postmodernism; and Symbolic Interactionism. Offers general guidelines for qualitative research: Conceptually covers the best practices, approaches to data analysis, and interpretation of qualitative research. Examines emergent methods in qualitative research: New research areas such as PAR, emancipatory research, and participatory design research are included, as well as exemplary journal articles to further illustrate how theory links to research practice. Intended Audience: This text is designed for advanced undergraduate and graduate students taking their first or second qualitative research methods course in the fields of Education, Psychology, and the Health and Social Sciences. It is also an excellent theory companion supplement to the more applied qualitative methods text.




The Limits of Law


Book Description

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.




Law and the New Logics


Book Description

This book explores relationships between law and legal reasoning, and recent developments in formal logic.




The Limits of Law


Book Description

Theoretical essay on the role of law in society and its impact on social controls and value systems, with particular reference to the UK - examines the impact of law on national level social environment and social institutions and at international level; contains case studies of the social protection of married women after divorce and the marital status of common law wives, etc. References.




The Limits of Legal Reasoning and the European Court of Justice


Book Description

Gerard Conway explains how judges of the ECJ should be understood as sharing the same interpretative perspective as the law-maker.




Philosophical Foundations of the Nature of Law


Book Description

This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.




The Legal Mind


Book Description

How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.