Law, Fact and Narrative Coherence

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Author :
Publisher : Deborah Charles Publications
ISBN 13 :
Total Pages : 230 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law, Fact and Narrative Coherence by : Bernard S. Jackson

Download or read book Law, Fact and Narrative Coherence written by Bernard S. Jackson and published by Deborah Charles Publications. This book was released on 1988 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critique of the construction of both fact and law in the adversary process of the courtroom, based on theories of narrative typification as developed by lawyers, psychologists and semioticians. It challenges conventional views of truth and logic and directs attention to the narratives of the courtrooom behaviour of lawyers themselves. It concludes with a discussion of the relationship of such theories to critical legal studies.

The Tapestry of Reason

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782255176
Total Pages : 635 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Tapestry of Reason by : Amalia Amaya

Download or read book The Tapestry of Reason written by Amalia Amaya and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making.

Theory of Legal Science

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Publisher : Springer Science & Business Media
ISBN 13 : 9400964811
Total Pages : 666 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Theory of Legal Science by : Aleksander Peczenik

Download or read book Theory of Legal Science written by Aleksander Peczenik and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983

Law and Market Economy

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Publisher : Cambridge University Press
ISBN 13 : 9780521787314
Total Pages : 184 pages
Book Rating : 4.7/5 (873 download)

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Book Synopsis Law and Market Economy by : Robin Paul Malloy

Download or read book Law and Market Economy written by Robin Paul Malloy and published by Cambridge University Press. This book was released on 2000-08-10 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, market theory and semiotics together provide a challenging new perspective on economic analysis of law.

Current Legal Problems 2009

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Publisher : Current Legal Problems
ISBN 13 : 0199583730
Total Pages : 590 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Current Legal Problems 2009 by : Colm O'Cinneide

Download or read book Current Legal Problems 2009 written by Colm O'Cinneide and published by Current Legal Problems. This book was released on 2010-02-04 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This year's volume covers topics such as military detention, English criminal law, terrorism, democracy, human rights, civil liberties, the media and international law, family law, child welfare, health, feminism, economic theory, corporate law, competition regulation, contract law, biotechnology, biodiversity and more.

The Tapestry of Reason

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255168
Total Pages : 644 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Tapestry of Reason by : Amalia Amaya

Download or read book The Tapestry of Reason written by Amalia Amaya and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making.

Justice as Message

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Publisher : Oxford University Press
ISBN 13 : 0192609645
Total Pages : 400 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Justice as Message by : Carsten Stahn

Download or read book Justice as Message written by Carsten Stahn and published by Oxford University Press. This book was released on 2020-05-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.

Interpretation, Law and the Construction of Meaning

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 1402053207
Total Pages : 225 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Interpretation, Law and the Construction of Meaning by : Anne Wagner

Download or read book Interpretation, Law and the Construction of Meaning written by Anne Wagner and published by Springer Science & Business Media. This book was released on 2007-05-16 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of legal semiotics emphasizes the contingency and fluidity of legal concepts and stresses the existence of overlapping, competing and coexisting legal discourses. New problems, changing power structures and societal norms and new faces of injustice – all these force reconsideration, reformulation and even replacement of established doctrines. This book focuses on the application of law in a wide variety of contexts, including international politics and diplomatic practice.

Philosophical Foundations of Evidence Law

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Publisher : Oxford University Press
ISBN 13 : 0192603094
Total Pages : 433 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Philosophical Foundations of Evidence Law by : Christian Dahlman

Download or read book Philosophical Foundations of Evidence Law written by Christian Dahlman and published by Oxford University Press. This book was released on 2021-09-30 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy has a strong presence in evidence law and the nature of evidence is a highly debated topic in both general and social epistemology; legal theorists working in the evidence law area draw on different underlying philosophical theories of knowledge, inference and probability. Core evidentiary concepts and principles, such as the presumption of innocence, standards of proof, and others, reply on moral and political philosophy for their understanding and interpretation. Written by leading scholars across the globe, this volume brings together philosophical debates on the nature and function of evidence, proof, and law of evidence. It presents a cross-disciplinary overview of central issues in the theory and methodology of legal evidence and covers a wide range of contemporary debates on topics such as truth, proof, economics, gender, and race. The volume covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation. Divided in to five parts, Philosophical Foundations of Evidence Law, covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation.

Lethal Force, the Right to Life and the ECHR

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509929541
Total Pages : 231 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Lethal Force, the Right to Life and the ECHR by : Stephen Skinner

Download or read book Lethal Force, the Right to Life and the ECHR written by Stephen Skinner and published by Bloomsbury Publishing. This book was released on 2019-08-22 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in Article 2 of the European Convention on Human Rights and democratic society. This book discusses how that connection can be understood by using narrative theory to explore Article 2 law's specificities and its deeper historical, social and political significance. Focusing on the domestic policing and law enforcement context, the book draws on an extensive analysis of case law from 1995 to 2017. It shows how the connection with democratic society in Article 2's substantive and procedural dimensions underlines the right to life's problematic duality, as an expression of a basic value demanding a high level of protection and a contextually limited provision allowing states leeway in the use of force. Emphasising the need to identify clear standards in the interpretation and application of the right to life, the book argues that Article 2 law's narrative dimensions bring to light its core purposes and values. These are to extract meaning from pain and death, ground democratic society's foundational distinction between acceptable force and unacceptable violence, and indicate democratic society's essential attributes as a restrained, responsible and reflective system.

The Oxford Handbook of Law and Humanities

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Publisher : Oxford University Press, USA
ISBN 13 : 0190695625
Total Pages : 921 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Law and Humanities by : Simon Stern

Download or read book The Oxford Handbook of Law and Humanities written by Simon Stern and published by Oxford University Press, USA. This book was released on 2020-01-16 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.

Narrative and Metaphor in the Law

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Publisher : Cambridge University Press
ISBN 13 : 1108422799
Total Pages : 439 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Narrative and Metaphor in the Law by : Michael Hanne

Download or read book Narrative and Metaphor in the Law written by Michael Hanne and published by Cambridge University Press. This book was released on 2018-02-08 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.

Law, Interpretation and Reality

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Publisher : Springer Science & Business Media
ISBN 13 : 9401578753
Total Pages : 457 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Law, Interpretation and Reality by : P.J. Nerhot

Download or read book Law, Interpretation and Reality written by P.J. Nerhot and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.

Narrative in Culture

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Publisher : Routledge
ISBN 13 : 1134960794
Total Pages : 250 pages
Book Rating : 4.1/5 (349 download)

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Book Synopsis Narrative in Culture by : Cristopher Nash

Download or read book Narrative in Culture written by Cristopher Nash and published by Routledge. This book was released on 2005-09-23 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1994. Routledge is an imprint of Taylor & Francis, an informa company.

Fact and Fiction

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 311034968X
Total Pages : 358 pages
Book Rating : 4.1/5 (13 download)

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Book Synopsis Fact and Fiction by : Albrecht Koschorke

Download or read book Fact and Fiction written by Albrecht Koschorke and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-04-23 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we develop a cultural theory starting with the basic insight that human beings are "storytelling animals"? Within literary studies, narratology is a highly developed field. However, literary historians have not paid much attention to the large and small stories abounding in everyday discourse, guiding all kinds of social activity, and providing common ground for whole societies—but also fueling controversies and hostilities. Moreover, "narrative" is not only a scholarly category but has come into use in many fields of social activity as a tool for cultural self-fashioning. This book is based on the assumption that to a large extent, social dynamics is modeled in an aesthetic manner via narratives. It explores the narrative organization of cultural spaces and time-frames, the mythological shaping of communities and adversaries, and the co-production of narratives and institutions aimed at stabilizing social life. In this framework, the epistemological problem looms large of how an instrument as unreliable as narrative can participate in the creation of a social consensus regarding truth. This problem endows the general topics explored in this book with a particularly contemporary dimension.

Lethe's Law

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Publisher : Hart Publishing
ISBN 13 : 1841131091
Total Pages : 253 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Lethe's Law by : Emilios Christodoulidis

Download or read book Lethe's Law written by Emilios Christodoulidis and published by Hart Publishing. This book was released on 2001-05-21 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing the law's efforts to deal with the past, these 12 essays address matters of criminal responsibility, amnesty, time, memory, and reconciliation. The relationships between justice, the law, and politics are explored with concern to recent changes in the nature and responsibilities of each. Attention is given to the experiences of Eastern Europe, Germany, South Africa, Israel, and Australia. Contributors include legal scholars, philosophers, and social scientists from Europe, Israel, South Africa, Canada, and Australia. The book is distributed in the US by ISBS. c. Book News Inc.

Promising Language

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Publisher : SUNY Press
ISBN 13 : 9780791444269
Total Pages : 354 pages
Book Rating : 4.4/5 (442 download)

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Book Synopsis Promising Language by : Randall Craig

Download or read book Promising Language written by Randall Craig and published by SUNY Press. This book was released on 2000-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that Victorian legal, linguistic, and cultural attitudes toward promises--especially promises to marry--had a formative effect on novels of the period.