The Epistemological Foundations of Law

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Author :
Release : 2007
Genre : Knowledge, Theory of
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Book Rating : 877/5 ( reviews)

The Epistemological Foundations of 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 The Epistemological Foundations of Law write by Isaak Ismail Dore. This book was released on 2007. The Epistemological Foundations of Law available in PDF, EPUB and Kindle. This book differs from a standard jurisprudence text in that it examines law as a truth claim. Its major question is whether there are any eternal truths about the law, and, if so, whether they are knowable. Examples of questions discussed are: What is the correct foundation of law? Is it knowable? What is its source? What is the role of reason? Does reason exist apart from the "sources" of law, in the Cartesian tradition separating mind and body (res cogitans and res extensa)? What is the nature of the obligation to obey the law and how does it arise? What is the nature of the connection between law and morality? The first Western philosopher who explicitly asserted that law is a truth claim was Socrates. It is not surprising that other Western philosophers followed this path. This book traces the origins of this claim to some 500 years before Socrates walked the streets of Athens and then provides a compete historical profile over eight overlapping historical/philosophical periods: The pre-philosophical period, the presocratic period, the post-socratic period, the Roman period, the medieval/Christian period, the enlightenment period, the modern period and the postmodern period. These periods are intended to serve as analytical categories on which the organizational framework of the book rests. They also serve as evolutionary guideposts in an intellectual voyage, so that the reader gets an integrated picture of law not just as a social phenomenon but also as a truth claim, which, like all truth claims, can be critically evaluated. "This book is a brilliantly conceived and executed exploration of the extent to which law is rooted in "truth": rational truth, perceptive truth, and moral truth. This question is obviously foundational to law, whether law is viewed practically or theoretically. Through keen selection of materials and sharp commentary, Professor Dore presents - in one volume - the best current treatment of these issues from a broad historical perspective. It is an engaging and critical achievement, important reading for anyone interested in law as a human institution." -- Laura S. Underkuffler, J. DuPratt White Professor of Law, Cornell University Law School

Epistemology and Method in Law

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Release : 2016-12-05
Genre : Philosophy
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Book Rating : 343/5 ( reviews)

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.

Philosophical Foundations of Evidence Law

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Release : 2021
Genre : Law
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Book Rating : 309/5 ( reviews)

Philosophical Foundations of Evidence 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 Philosophical Foundations of Evidence Law write by Christian Dahlman. This book was released on 2021. Philosophical Foundations of Evidence Law available in PDF, EPUB and Kindle. "Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law"-- from publisher's website.

Doing Management Research

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Release : 2001-07-12
Genre : Business & Economics
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Book Rating : 176/5 ( reviews)

Doing Management Research - 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 Doing Management Research write by . This book was released on 2001-07-12. Doing Management Research available in PDF, EPUB and Kindle. Doing Management Research, a major new textbook, provides answers to questions and problems which researchers invariably encounter when embarking on management research, be it quantitative or qualitative. This book will carefully guide the reader through the research process from beginning to end. An excellent tool for academics and students, it enables the reader to acquire and build upon empirical evidence, and to decide what tools to use to understand and describe what is being observed, and then, which methods of analysis to adopt. There is an entire section dedicated to writing up and communicating the research findings. Written in an accessible and easy-to-use style, this book can be read from cover to cover or dipped

Legal Knowledge and Analogy

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Release : 2012-12-06
Genre : Philosophy
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Book Rating : 607/5 ( reviews)

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.