Julie Dickson - Böcker

What are the aims of legal philosophy? Which questions should it seek to address? How should legal philosophers approach and engage with their subject-matter, and what constraints are incumbent on them as they do so? What are the criteria of success of theories of law, and how do we know if they have been met? Can there be progress in legal philosophy?In Elucidating Law, Julie Dickson addresses these and other questions concerning the methodology, or the philosophy, of legal philosophy and offers her own distinctive response to them. The book advocates that legal philosophers should espouse an approach that Dickson terms 'Indirectly Evaluative Legal Philosophy.' This distinctive approach can facilitate legal philosophers' understanding of aspects of the nature of law, whilst avoiding prematurely or inappropriately regarding law as inherently morally valuable. Law is a powerful, systemic, and institutionalized social tool. It should be understood in a manner appropriate to its character.

The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy.This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

This Element examines the notion of content-independence and its relevance for understanding various aspects of the character of law. Its task should be understood expansively, as encompassing both inquiry into that which makes law into what it is, and inquiry into what law ought to be, which values it ought to serve, and which aspects of its character may play a facilitative role in law realising aspects of its potential. Many existing discussions of content-independence focus largely on the justificatory aspects of content-independence: whether, and, if so, how, there can be content-independent reasons for action, or content-independent justifications of rules, or the extent to which political obligation is content-independent. This Element, too, examines such issues but also seeks to explore an additional possibility: that the notion of content-independence can illuminate issues regarding law's existence, identification, and systematicity.

This Element examines the notion of content-independence and its relevance for understanding various aspects of the character of law. Its task should be understood expansively, as encompassing both inquiry into that which makes law into what it is, and inquiry into what law ought to be, which values it ought to serve, and which aspects of its character may play a facilitative role in law realising aspects of its potential. Many existing discussions of content-independence focus largely on the justificatory aspects of content-independence: whether, and, if so, how, there can be content-independent reasons for action, or content-independent justifications of rules, or the extent to which political obligation is content-independent. This Element, too, examines such issues but also seeks to explore an additional possibility: that the notion of content-independence can illuminate issues regarding law's existence, identification, and systematicity.

If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature.The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.