Epistemology and Method in Law - 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 Epistemology and Method in Law write by Geoffrey Samuel. This book was released on 2016-12-05. Epistemology and Method in Law available in PDF, EPUB and Kindle. This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.
Epistemology and Methodology of Comparative Law
Epistemology and Methodology of Comparative Law - 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 Epistemology and Methodology of Comparative Law write by Mark Van Hoecke. This book was released on 2004-06-01. Epistemology and Methodology of Comparative Law available in PDF, EPUB and Kindle. Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.
Legal Knowledge and Analogy
Legal Knowledge and Analogy - 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 Legal Knowledge and Analogy write by P.J. Nerhot. This book was released on 2012-12-06. Legal Knowledge and Analogy available in PDF, EPUB and Kindle. 3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.
The Concept of Scientific Law in the Philosophy of Science and Epistemology
The Concept of Scientific Law in the Philosophy of Science and Epistemology - 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 The Concept of Scientific Law in the Philosophy of Science and Epistemology write by Igor Hanzel. This book was released on 1999-11-30. The Concept of Scientific Law in the Philosophy of Science and Epistemology available in PDF, EPUB and Kindle. "In this book Igor Hanzel reconstructs the developmental stages of scientific law, working both with the history of different conceptions of scientific explanation and also within the limitations of each, which then demand further sophistication. As one basic argument of this work, which is deeply analytic as well as dialectical, the author shows that the natural and the social sciences do not operate exclusively with one type of scientific law, nor do they explain phenomena by means of one exclusive method. Thus science is not mono-paradigmatic, but poly-paradigmatic."--Jacket.
Law, Interpretation and Reality
Law, Interpretation and Reality - 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 Law, Interpretation and Reality write by P.J. Nerhot. This book was released on 2013-04-17. Law, Interpretation and Reality available in PDF, EPUB and Kindle. 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.
