Epistemic Uncertainty and Legal Theory / Edition 1

Epistemic Uncertainty and Legal Theory / Edition 1

by Brian Burge-Hendrix
ISBN-10:
0754675211
ISBN-13:
9780754675211
Pub. Date:
12/18/2008
Publisher:
Taylor & Francis
ISBN-10:
0754675211
ISBN-13:
9780754675211
Pub. Date:
12/18/2008
Publisher:
Taylor & Francis
Epistemic Uncertainty and Legal Theory / Edition 1

Epistemic Uncertainty and Legal Theory / Edition 1

by Brian Burge-Hendrix

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Overview

Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm. The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies.

Product Details

ISBN-13: 9780754675211
Publisher: Taylor & Francis
Publication date: 12/18/2008
Series: Applied Legal Philosophy
Edition description: 1
Pages: 210
Product dimensions: 6.40(w) x 9.30(h) x 0.90(d)

About the Author

Brian Burge-Hendrix is a Fellow of Churchill College, Cambridge, and a member of the Cambridge Forum for Legal and Political Philosophy. Educated in Canada, he has lectured extensively to students on legal philosophy, political philosophy, and applied ethics at several Canadian universities, including McMaster University and the University of Toronto. Dr Burge-Hendrix has published widely on contemporary legal philosophy, ancient legal theory, and the philosophy of music.

Table of Contents

Contents: Preface; Epistemic uncertainty and the methodology debate; Concept or concepts of law?; Choosing a theory of law; 'Methodological' positivism; Uncertainly on the ground; Understanding the Canadian constitution: the division of labour in legal theory; Perspectival differences; Bibliography; Index.
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