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Elucidating Law


ISBN13: 9780198727767
Published: May 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £87.00



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What are the aims of legal philosophy? Which questions should it seek to address? How should legal philosophers approach and engage with their subject-matter, and what constraints are incumbent on them as they do so? What are the criteria of success of theories of law, and how do we know if they have been met? Can there be progress in legal philosophy?

In Elucidating Law, Julie Dickson addresses these and other questions concerning the methodology, or the philosophy, of legal philosophy and offers her own distinctive response to them. The book advocates that legal philosophers should espouse an approach that Dickson terms 'Indirectly Evaluative Legal Philosophy.' This distinctive approach can facilitate legal philosophers' understanding of aspects of the nature of law, whilst avoiding prematurely or inappropriately regarding law as inherently morally valuable. Law is a powerful, systemic, and institutionalized social tool. It should be understood in a manner appropriate to its character.

Subjects:
Jurisprudence
Contents:
1:Elucidating Law: Motifs and Motivations
2:Legal Philosophy and the Nature of Law: Some Initial Considerations
3:Legal Philosophy and the Nature of Law: Some Challenges Considered
4:The Questions of Legal Philosophy: Diversity, Development, and Distribution of Emphasis
5:Approaching Law: a Constraining Duality and an Attitude of Due Wariness
6:Self-Understandings and the Limits of Revisionism
7:Indirectly Evaluative Legal Philosophy: The Value of Staged Inquiry
8:Continuity and Complementarity in Legal Philosophy

Series: Oxford Legal Philosophy

Elucidating Law (eBook) ISBN 9780191043574
Published May 2022
Oxford University Press
£72.50
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The Right of Redress ISBN 9780198814405
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Coercion and the Nature of Law ISBN 9780198854937
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Property Rights: A Re-Examination ISBN 9780198830122
Published March 2020
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Law and Morality at War ISBN 9780198859321
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Imposing Risk: A Normative Framework ISBN 9780199594054
Published September 2017
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Law and Morality at War ISBN 9780199687398
Published January 2017
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Corrective Justice ISBN 9780199660650
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Reason and Restitution: A Theory of Unjust Enrichment (eBook) ISBN 9780191509322
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Reason and Restitution: A Theory of Unjust Enrichment ISBN 9780199653201
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The Nature of Legislative Intent ISBN 9780198766209
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Why Law Matters ISBN 9780198766216
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Conscience and Conviction: The Case for Civil Disobedience ISBN 9780198759461
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£33.99
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Allowing for Exceptions: A Theory of Defences and Defeasibility in Law ISBN 9780199685783
Published March 2015
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£100.00
Why Law Matters ISBN 9780199643271
Published February 2014
Oxford University Press
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Why Law Matters (eBook) ISBN 9780191030734
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£25.41
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The Ends of Harm: The Moral Foundations of Criminal Law ISBN 9780199681914
Published June 2013
Oxford University Press
£39.99
Conscience and Conviction: The Case for Civil Disobedience (eBook) ISBN 9780191645921
Published October 2012
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£28.32
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Conscience and Conviction: The Case for Civil Disobedience ISBN 9780199592944
Published October 2012
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£77.00
The Nature of Legislative Intent (eBook) ISBN 9780191645945
Published October 2012
Oxford University Press
£28.32
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The Nature of Legislative Intent ISBN 9780199646999
Published October 2012
Oxford University Press
£80.00
Corrective Justice (eBook) ISBN 9780191636387
Published September 2012
Oxford University Press
£24.99
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Corrective Justice ISBN 9780199660643
Published September 2012
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£69.00
The Ends of Harm: The Moral Foundations of Criminal Law ISBN 9780199554423
Published September 2011
Oxford University Press
£117.50
The Ends of Harm: The Moral Foundations of Criminal Law (eBook) ISBN 9780191018411
Published September 2011
Oxford University Press
£33.32
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