This book argues that at the core of legal philosophy's principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates.

Auteur

Ofer Raban

Résumé
This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.

Contenu

Chapter 1 Introduction: law and impartiality; Chapter 2 The legal positivism of HLA Hart; Chapter 3 Max Weber and the virtues of legal positivism; Chapter 4 Dworkin and the proper methodology of legal theory; Chapter 5 Dworkin's 'law as integrity'; Chapter 6 Law and reason: beyond impartiality; Chapter 7 Law and impartiality: conclusion;