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Modern legal theory and judicial impartiality / Ofer Raban.

By: Publication details: London : GlassHouse, 2003.Description: vi, 124 p. ; 24 cmISBN:
  • 1904385079 (pbk.)
Subject(s): DDC classification:
  • 340.11 RAB
Contents:
Acknowledgements. - Foreword. - 1. Introduction: law and impartiality. - 2. The legal positivism of HLA Hart. I. Hart's thesis. II. Hart and the problem of 'essentially contested concepts'. III. Legal practice and the linguistic boundaries of legal rules. IV. Legal positivism after Hart. - 3. Max weber and the virtues of legal positivism. I. Weber's thesis. II. Predictability and calculability. III. The real virtues of legal positivism. - 4. Dworkin and the proper methodology of legal theory. I. Dworkin's methodological claims. II. Objectivity, truth, and impartiality. III. The problems with relying on practitioners' own understanding. IV. The error and the insight. - 5. Dworkin's 'law as integrity'. I. Dworkin's thesis. II. Integrity and impartiality. - 6. Law and reason: beyond impartiality. I. Legislation. II. Legal interpretation. III. The non-legal adjudicator and the judge. - 7. Law and impartiality: conclusion. - Bibliography. - Index.
Holdings
Cover image Item type Current library Home library Collection Shelving location Shelf location Call number Materials specified Vol info Copy number Status Notes Date due Barcode Item holds Item hold queue priority Course reserves
Main Collection Taylor's Library-TU

Floor 3, Shelf 7 , Side 2, TierNo 5, BayNo 1

 340.11 RAB (Browse shelf(Opens below)) 1 Available LAWxx,17002,03,AD 5000073206
Main Collection Taylor's Library-TU

Floor 3, Shelf 7 , Side 1, TierNo 3, BayNo 7

 340.11 RAB (Browse shelf(Opens below)) 1 Available LAWxx,17002,03,AD 5000073838

Acknowledgements. - Foreword. - 1. Introduction: law and impartiality. - 2. The legal positivism of HLA Hart. I. Hart's thesis. II. Hart and the problem of 'essentially contested concepts'. III. Legal practice and the linguistic boundaries of legal rules. IV. Legal positivism after Hart. - 3. Max weber and the virtues of legal positivism. I. Weber's thesis. II. Predictability and calculability. III. The real virtues of legal positivism. - 4. Dworkin and the proper methodology of legal theory. I. Dworkin's methodological claims. II. Objectivity, truth, and impartiality. III. The problems with relying on practitioners' own understanding. IV. The error and the insight. - 5. Dworkin's 'law as integrity'. I. Dworkin's thesis. II. Integrity and impartiality. - 6. Law and reason: beyond impartiality. I. Legislation. II. Legal interpretation. III. The non-legal adjudicator and the judge. - 7. Law and impartiality: conclusion. - Bibliography. - Index.