Epistemology and method in law

著者

    • Samuel, G. H.

書誌事項

Epistemology and method in law

Geoffrey Samuel

(Dartmouth series in applied legal philosophy)

Ashgate, 2003

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注記

Includes bibliographical references (p. 343-363) and index

内容説明・目次

内容説明

This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

目次

  • Contents: The scope of legal epistemology
  • Scientia Iuris
  • Methodologies in law
  • Institutions and concepts
  • Facts and law
  • Taxonomy in law
  • Theories of liability
  • Schemes of intelligibility in Social Science
  • Concluding remarks
  • Bibliography
  • Index.

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