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.




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.




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.




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.




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 Legal Mind


Book Description

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




Law, Interpretation and Reality


Book Description

PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.




Concepts for International Law


Book Description

Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.




New Essays on the Fish-Dworkin Debate


Book Description

This book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law. The book encompasses 4 key themes of the debate between these authors: legal theory and its critical role, interpretation and critical constraints, pragmatism and interpretive communities, and some general implications of the debate for issues like the nature of legal theory and the possibility of objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish, who concludes the collection with an interview in which he discusses the main topics discussed in the collection.