Description
Bloomsbury Publishing PLC Evaluation and Legal Theory by Julie Dickson
If Raz and Dworkin disagree over how law should be characterisedhow are we their jurisprudential public supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these and does so via attempting to answer the question: to what extent and in what sense must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a value-free account of law the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature.The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.show more