Library of Essays in Contemporary Legal Theory - Second Series – serie
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What can legal theorists learn from legal historians? What guidance can historians take from theorists? What theoretical questions underlie legal historical investigations? These are the questions explored and answered by the articles selected in this volume. Taken together, these papers show that the future of historical jurisprudence is a bright one. This is a jurisprudence that can yield insights about how to conceptualise legal change, how to give voice to those operating outside of legal officialdom, and how to understand the relationship between law and politics. The papers selected range from the challenge to legal positivism from the perspective of the history of the common law, to the latest methodological debates in socio-historical jurisprudence. The volume contains a substantive introduction and a detailed bibliography.
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The relationship between law and science has developed apace over the last three decades. This collection brings together the most important and influential papers theorising that relationship, including papers that seek to protect law’s autonomy against the perceived unwelcome inroads of science, and those that seek to shape and change law by incorporating the latest scientific developments. The papers span historical overviews of the attempts by legal scholars to model legal science on scientific methodology, to efforts by legal philosophers scrutinising the claims made on behalf of genetics and neuroscience as to their implications for law and legal concepts. The volume also includes a section on the famous debate within American case law over what constitutes good science. The volume contains a substantive introduction and detailed bibliography.
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The papers selected for this volume offer a panorama of problems and methods at the intersection of legal theory and the humanities. All taken from the last three decades, the papers discuss issues such as the role of the emotions and the imagination in legal reasoning, and the protection of the diversity of voices and perspective in the name of community. Unduly neglected sources and resources for legal theory are also explored: images, still and moving; performance, aural and gestural; and space, old and new, from the Inns of Court to the World Wide Web. The articles balance renewed calls to humanise legal theory with those that analyse and explore the relevance of specific domains of the humanities - such as literature, architecture, music, painting, drawing and film - for law. The volume contains a substantive introduction and a detailed bibliography.