Epistemic Uncertainty and Legal Theory - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Epistemic Uncertainty and Legal Theory write by Brian Burge-Hendrix. This book was released on 2016-12-05. Epistemic Uncertainty and Legal Theory available in PDF, EPUB and Kindle. Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm. The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies.
Epistemic Uncertainty & Legal Theory [microform]
Epistemic Uncertainty & Legal Theory [microform] - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Epistemic Uncertainty & Legal Theory [microform] write by Brian Burge-Hendrix. This book was released on 2004. Epistemic Uncertainty & Legal Theory [microform] available in PDF, EPUB and Kindle. Some legal theorists argue that legal determinations apparently based on moral arguments actually involve an appeal to extra-legal standards because legal reasoning and the conceptual structure of a legal system necessarily excludes morality (Exclusive Legal Positivism). Others argue that moral principles can be incorporated into legal systems (Inclusive Legal Positivism), or must be so incorporated (Dworkinian Interpretivism), where they operate as legal rules. Does Canada's Charter of Rights and Freedoms actually incorporate the moral principle of equality, or does it merely authorize judges to appeal to that extra-legal principle as a legitimate reason for invalidating those laws which violate it? To answer that question the philosophical legal theorist must evaluate and develop an account of juridical law in the face of epistemic uncertainty about the relation between law and morality (i.e. whether it is necessary or contingent). In this work I first consider the meta-theoretical characteristics of legal theories, particularly their methodologies and the evaluative criteria applied to them, so as to identify and make explicit the source of legal-theoretical epistemic uncertainty. I then argue for an approach to describing and explaining law whereby we neither ignore epistemic uncertainty nor dispense with it by means of a stipulative definition. This inclusive positivist approach, however, also requires that we abandon the ideal of a presuppositionless inquiry. Accordingly, I demonstrate how a descriptive-explanatory philosophical account of law can make use of a presupposition and, ultimately, offer a sound defence for it. Finally, through an analysis of some aspects of Canadian constitutional adjudication, I show that inclusive positivism is most able to describe and explain the legal-moral uncertainty exhibited by participants in legal systems of a certain type, and so offers the best philosophical account of legal practices as they are understood by those who instantiate them.
A Study of Epistemology in Legal Theory
A Study of Epistemology in Legal Theory - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A Study of Epistemology in Legal Theory write by Michael D. Roumeliotis. This book was released on 1994. A Study of Epistemology in Legal Theory available in PDF, EPUB and Kindle.
Theory of Legal Evidence - Evidence in Legal Theory
Theory of Legal Evidence - Evidence in Legal Theory - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Theory of Legal Evidence - Evidence in Legal Theory write by Verena Klappstein. This book was released on 2022-01-03. Theory of Legal Evidence - Evidence in Legal Theory available in PDF, EPUB and Kindle. This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.
Encyclopedia of Philosophy and the Social Sciences
Encyclopedia of Philosophy and the Social Sciences - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Encyclopedia of Philosophy and the Social Sciences write by Byron Kaldis. This book was released on 2013-04-02. Encyclopedia of Philosophy and the Social Sciences available in PDF, EPUB and Kindle. "This encyclopedia, magnificently edited by Byron Kaldis, will become a valuable source both of reference and inspiration for all those who are interested in the interrelation between philosophy and the many facets of the social sciences. A must read for every student of the humanities."--Wulf Gaertner, University of Osnabrueck, Germany "Byron Kaldis' Encyclopedia of Philosophy and the Social Sciences is a triumph. The entries are consistently good, the coverage is amazing, and he has managed to involve the whole scholarly community in this field. It shows off the field very well, and will be a magnificent resource for students and others." -- Stephen Turner, USF, USA “ Like all good works of reference this Encyclopedia of Philosophy and the Social Sciences is not to be treated passively: it provides clear and sometimes controversial material for constructive confrontation. It is a rich resource for critical engagement. The Encyclopedia conceived and edited by Byron Kaldis is a work of impressive scope and I am delighted to have it on my bookshelf.”-- David Bloor, Edinburgh, UK "This splendid and possibly unique work steers a skilful course between narrower conceptions of philosophy and the social sciences. It will be an invaluable resource for students and researchers in either or both fields, and to anyone working on the interrelations between them." -- William Outhwaite, Newcastle, UK "A work of vast scope and widely gathered expertise, the Encyclopedia of Philosophy and the Social Sciences is a splendid resource for anyone interested in the interface between philosophy and the social sciences." --Nicholas Rescher, Pittsburgh This encyclopedia is the first of its kind in bringing together philosophy and the social sciences. It is not only about the philosophy of the social sciences but, going beyond that, it is also about the relationship between philosophy and the social sciences. The subject of this encyclopedia is purposefully multi- and inter-disciplinary. Knowledge boundaries are both delineated and crossed over. The goal is to convey a clear sense of how philosophy looks at the social sciences and to mark out a detailed picture of how the two are interrelated: interwoven at certain times but also differentiated and contrasted at others. The Entries cover topics of central significance but also those that are both controversial and on the cutting-edge, underlining the unique mark of this Encyclopedia: the interrelationship between philosophy and the social sciences, especially as it is found in fresh ideas and unprecedented hybrid disciplinary areas. The Encyclopedia serves a further dual purpose: it contributes to the renewal of the philosophy of the social sciences and helps to promote novel modes of thinking about some of its classic problems. “The Encyclopedia of Philosophy and the Social Sciences edited by Byron Kaldis, provides a unique, needed, and invaluable resource for researchers at every level. Unique because nothing else offers the breadth of coverage found in this work; needed because it permits researchers to find longer but also relatively brief, clear, but nonetheless expert articles introducing important topics; and invaluable because of the guidance offered to both related topics and further study. It should be the place that any interested person looks first when seeking to learn about philosophy and the social sciences.” Paul Roth, UC Santa Cruz, USA “The Encyclopedia of Philosophy and the Social Sciences edited by Byron Kaldis covers an enormous range of topics in philosophy and the social sciences and the entries are compact overviews of the essential issues” Harold Kincaid, University of Alabama at Birmingham, USA
