Research Handbook on Epistemologies of Law

Edited by Luca Siliquini-Cinelli, Reader in Law, School of Law and Politics, Cardiff University, UK and Joshua Neoh, Associate Professor of Law, ANU Law School, Australian National University, Australia

‘What is law? What is its function? These are only some of the questions that this Handbook of epistemologies of the law aims to answer. This Handbook is essential reading for any law student, researcher, practitioner as it tackles these perennial questions from a wide lens and in a (positively) challenging manner. This Handbook really made me think about the law and our privilege and responsibility as scholars, teachers, practitioners to its continued development.’

• ContentsForeword – legal epistemology: what is its basis and scope? xGeoffrey SamuelResearch handbook on epistemologies of law: introduction 1Luca Siliquini-Cinelli and Joshua NeohPART A LEGAL KNOWLEDGE IN THEORY: PHILOSOPHICAL PERSPECTIVES1 Imagination: the neglected dimension of legal thinking 8Bartosz Brożek and Marek Jakubiec2 A convergence of legal pluralism and legal realism to expound legalepistemology 22Neofytos Sakellaridis Mangouras and Charles Ho Wang Mak3 Temporalities and the epistemology of historical injustice adjudication 34Harison Citrawan4 Rhetoric and epistemology in the legal context 49Federico Puppo, Serena Tomasi and Silvia Corradi5 Can contract law be good? When the reasonable person goes to market 61Renata Grossi6 The faithful person as the legal person 76Alex DeagonPART B LEGAL KNOWLEDGE IN PRACTICE: SOCIOLOGICAL PERSPECTIVES7 The other side of legal knowledge: the Lacanian discourse as legalepistemology 92Dennis Wassouf8 The paradox of objectivity: objective legal knowledge in a socio-politicalcontext of creation and use 110Sacha Sydoryk9 Epistemology of equilibrium 118Tomáš Havlíček10 Theories and practices of knowledge and the universal particular inepistemology 131Antonios E Platsas11 The burden of knowing, the joy of ignorance 143Robert HerianPART C CONCEPTUAL ANALYSIS OF LEGAL KNOWLEDGE: ANALYTICJURISPRUDENCE12 Intuition as a source of legal knowledge 160Jonathan Crowe13 Legal epistemology from a natural perspective: the role of practicalreasoning in thinking like a lawyer 172Constance Youngwon Lee14 Is it possible to have legal knowledge without legal inference? 187David Tan15 Dworkin’s right answer thesis 201Liam Sandison and Joshua NeohPART D LEGAL KNOWLEDGE ACROSS BORDERS: COMPARATIVEPERSPECTIVES16 Disrupting boundaries in legal epistemology: updating modern legalsystems with the rights of nature in a comparative perspective 214Thiago Burckhart17 Models as tools of legal cognition 226Wojciech Graboń18 A logic of discovery and verification for comparative legal science 241Davide Gianti19 Is the expression ‘theory’ problematic? 258Geoffrey SamuelPART E REFORM OF LEGAL KNOWLEDGE: LAW REFORM20 What molluscs tell us about environmental law 277Maïté Andrade and Loïc Pillard21 The construction of knowledge in financial regulation 288David Murphy22 Who can tell if an offender is truly remorseful? Judges’ use ofpsychologists’ and psychiatrists’ evidence of remorse 301Steven Tudor and Michael Proeve23 Legal epistemologies: what is going on in the classroom? 314Molly Bellamy24 Engendering the rule of law: tautology or trick? 328Margaret ThorntonPART F LEGAL KNOWLEDGE OF THE FUTURE: LAW AND TECHNOLOGY25 Learning to think en masse: trading selectivity for comprehensiveness inthe age of databases 342Camille Bordere26 Epistemic trustworthiness of AI: (the necessity of) explainable AI in legaldecision-making 355Andrej Krištofík27 ‘Emotional facts’ in virtual environments: epistemological and legal status 368Mario Ricca28 Legal epistemology and artificial intelligence: can computers (likestudents) learn and apply law (and will law faculties become intellectuallyirrelevant)? 388Geoffrey Samuel29 Why law may very well be computable: the case of the reasonable person 402Luca Siliquini-CinelliIndex 420