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Facts and Norms in Law: Interdisciplinary Reflections on Legal Method

Facts and Norms in Law: Interdisciplinary Reflections on Legal Method

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781785361081
  • 出版时间 July 2016
  • 规格: Hardback
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,290.38

¥1,251.67 Save ¥38.71 (3%)

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  • 描述 
  • 大纲 
  • 详细

    What role does empirical data play in law? How can we draw normative conclusions from empirical legal research? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda.

    This book presents an innovative set of perspectives on the relationship between descriptive and normative elements in legal inquiry and practice. The contributors provide critical insights from a range of different disciplinary traditions and theoretical positions. They discuss topics such as the epistemic dependence of judicial decision-makers, legal doctrine as a non-normative discipline, systems-theory critique and law, and exploring the boundaries of law.

    This book will benefit legal academics and graduate students looking to explore issues of methodology. It will also be of great interest to researchers in law and related topics interested in discussions of multidisciplinary and interdisciplinary research.

  • Foreword

    PART I
    1. Introduction
    Wouter de Been, Sanne Taekema and Bart van Klink
    2. Facts, Values and Norms
    Jaap Hage

    PART II
    3. Imitation of Life: Resonances Between Law and Fact and Fact and Law
    Geoffrey Samuel
    4. The Epistemic Dependence of Judicial Decision-Makers
    Rachel Herdy
    5. Facts and Norms in the Behavioural Assumptions of Law
    Péter Cserne

    PART III
    6. Legal Doctrine is a Non-normative Discipline: An Argument from Abstract Object Theory
    Anne Ruth Mackor
    7. Systems Theory, Critique and Law: To Kill Some Darlings?
    Lyana Francot
    8. A Law and Economics Perspective on Normative Analysis
    Alessio M. Pacces

    PART IV
    9. Exploring the Boundaries of Law: On the Is-Ought Distinction in Jellinek and Kelsen
    Bart van Klink and Oliver W. Lembcke
    10. The Natural and the Normative: The Distinction, not the Dichotomy, between Facts and Values in a Broader Context
    Maksymilian Del Mar
    11. How Should Lawyers Use Sociological Ideas? Juristic Practice and Social Science
    Roger Cotterrell

    PART V
    12. The Need for Audacious Fully Armed Scholars: Concluding Reflections
    Wibren van der Burg

    Index

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