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The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory: Clarendon Law Lectures

Autor Jules Coleman
en Limba Engleză Hardback – 5 apr 2001
Jules Coleman, one of the world's most influential philosophers of law here expounds his recent views on a range of important issues in legal theory. Coleman offers for the first time an explicit account of the pragmatist method that has long informed his work, and takes on the views of highly respected contemporaries such as Ronald Dworkin and Joseph Raz.The first part of the book builds on Coleman's well-known 'corrective justice' account of tort law, highlighting the sophisticated pragmatist methodology that he brings to bear on legal theory and presing further his critique of the law and economics school of legal analysis. The second part advances a new articulation of the jurisprudential view associated most closely with Coleman - Inclusive Legal Positivism. Many of Coleman's most controversial claims are here defended as part of a comprehensive new account of law as a conventional practice. The third part takes up the question whether conceptual analysis of the law - an approach that has long dominated philosophical thinking on the topic - is even possible. Rejecting recent arguments that it must be replaced by a normative or naturalized jurisprudence, Coleman defends his distinctive form of pragmatist conceptual analysis.
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Specificații

ISBN-13: 9780198298144
ISBN-10: 0198298145
Pagini: 246
Dimensiuni: 163 x 242 x 18 mm
Greutate: 0.55 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Clarendon Law Lectures

Locul publicării:Oxford, United Kingdom

Recenzii

The Practice of Principle is exceptional for the fresh air it breathes into old debates, blowing aside the dust of tangential debates and leaving clean a work area in which beautiful philosophy proceeds.
For those with a serious interest in the field of legal philosophy, this is a must-read.
Practice is dense and rich, with new arguments appearing on almost every page.
Practice will surely be mined for years for its many and subtle discussions of the nature of law and legal argument. The book is a wonderful achievement, both for Coleman himself, and for the development of rigorous philosophical study of the law.
Jules Coleman's The Practice of Principle serves as a focal point for current, newly intensified debates in legal theory, and provides some of the deepest, most sustained reflections on methodology that legal theory has seen.
... ample food for thought on the part of anyone interested in legal philosophy. Coleman has enabled his readers to deepen their contemplation of the issues which he addresses.
Though some of his critical observations on law-and-economics are not novel, they are tellingly and perceptively articulated. Furthermore, his methodological ruminations on his own account of tort law are illuminating.
... impressive, thought-provoking.
Coleman's writing clearly basks in the heat of the seminar room. The result is to convey a mood of real intellectual excitement, even for readers with little stake in the outcome of particular debates. I suspect Jules Coleman's views will continue to evolve, pragmatically, as they confront the tribunal of experience and academic debate. In the mean time, we have this exceedingly valuable demonstration of the possibility and the limits of philosophical engagement.
The virtues of Colemans pragmatic approach ... are the generosity of its scope and the modesty of its objectives.
Coleman is probably the leading philosphical interpreter of private law in the Anglo-American world, particularly the law of torts ... The Practice of Principle burnishes his reputation in this field.
... an illuminating and enthralling read.

Notă biografică

Jules Coleman is Wesley Newcomb Hohfeld Professor of Jurisprudence and Philosophy, Yale University. He is the editor of the journal Legal Theory.