The Tapestry of the Law

Scotland, Legal Culture and Legal Theory

Specificaties
Paperback, 258 blz. | Engels
Springer Netherlands | 0e druk, 2010
ISBN13: 9789048147670
Rubricering
Juridisch :
Springer Netherlands 0e druk, 2010 9789048147670
Onderdeel van serie Law and Philosophy Library
Verwachte levertijd ongeveer 9 werkdagen

Samenvatting

Although its concern is jurisprudence, The Tapestry of the Law is intended to offer neither an original theory of or about law nor an account of other people's theories in textbook form. It is, rather, an attempt to approach the subject without following either of these conventions. The reasons are as follows. Those engaged in legal theory are prone to assert that one cannot properly understand the law unless one takes a jurisprudential approach - preferably their own - to it. Equally, those engaged in exposition of the law may counter that legal theory fails to pay adequate attention to actual law. There is at least some truth in these claims. Analyses, courses and textbooks on both sides do often seem to be produced without reference to the other. Yet such isolation is probably more apparent than real. Most, if not all, so-called "black letter" lawyers do operate on the basis of certain jurisprudential understandings, even if these are not articulated ones. In the frequently quoted words ofF C S Northrop: There are lawyers, judges and even law professors who tell us they have no legal philosophy.

Specificaties

ISBN13:9789048147670
Taal:Engels
Bindwijze:paperback
Aantal pagina's:258
Uitgever:Springer Netherlands
Druk:0

Inhoudsopgave

Introduction. I. Some Puzzles about the Nature of Law. II. Connecting Law and Society. III. A Constitutional Culture. IV. The Style of Scots Law. V. The Style of Scots Law Continued. VI. And so to Ideology. VII. Matters of Interpretation. VIII. Law in Whose Terms? IX. And What Kind of System? X. The Language of the Law. XI. Some Different Critiques. XII. The Role of Reason. XIII. Weaving the Threads. Index of Authors.

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