£61.99
£61.99
Legalism depicts judges as merely applying pre-existing rules. But is this theory too naïve? Can such a formalist approach withstand critiques from Dworkinian interpretivism or legal realists? Prominent legal philosophers discuss these and other issues of legal interpretation.
Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation.
Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.
American politics is a paradox of cynicism and adulation. This book explains the system’s complex inner workings through the “four Ps”: Philosophy, Pragmatism, Personality, and Profit—the constant clash between high ideals and self-interest.
The Collectio Avellana is an exceptional documentary collection from antiquity. This volume is the first to reconstruct its history, using a new approach to offer fresh hypotheses on the compilation’s origins, its author, and how it took shape.
Over the course of eighteen chapters, this title engages with a range of social justice and legal education themes, including clinical legal education, innocence projects, access to justice, cause lawyering, LGBTQ identities, and sustainability in law schools.
Critical Race Theory is skeptical of racial justice in the courtroom. Yet the guilty verdicts in the Floyd and Arbery cases offer a challenge to that view. This book uncovers how these landmark convictions were won and asks what they mean for America.
Crisis is the essence of labour law. As the COVID-19 pandemic creates a new reality, this volume critically reflects on the discipline. Using philosophical, sociological, and economic insights, it asks new questions to reconcile the past with the future of labour law.
Unlock the value of your intellectual property. Experts use in-depth case studies to reveal how companies profit from patent licensing, strategic litigation, and M&A. An essential guide for business leaders and IP law professionals navigating today’s competitive landscape.
This book challenges prevailing narratives by refashioning gender identity as a belief. This reframing protects the conflicting rights of women, children, and LGB people, as well as the right of people to express a gender identity incongruent with their sex.
The sharing economy’s use of digital technology blurs traditional economic roles, but the legal framework is unable to cope. This book highlights where new regulations are required, with a focus on the Portuguese, Spanish, Italian, British and Brazilian contexts.
Latin America’s democratic process struggles to protect citizens’ rights due to weak institutions. This book presents minutes from the Inter-American Fundamental Rights Conference, exploring the consolidation of democracy, impeachment, freedom of information, and due process.
A practical, case-based guide to the legal and ethical issues in modern healthcare. Explore real controversies in medical malpractice, health reform, and ethical dilemmas like reproductive and end-of-life care. Essential for students and professionals in law and medicine.
