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Facing Judicial Discretion: Legal Knowledge and Right Answers Revisited Legal Knowledge and Right Answers Revisited (Hardcover)

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Facing Judicial Discretion: Legal Knowledge and Right Answers Revisited Iglesias Vila, Marisa/ Vila, Marisa Iglesias|Iglesias Vila, M. 1 of 1
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Format: Hardcover
Condition:  Brand New
In Stock: Usually Ships within 24 hours
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Product Details:

Format: Hardcover
ISBN-10: 0792367782
ISBN-13: 9780792367789
Sku: 33778510
Publish Date: 7/16/2007
Dimensions:  (in Inches) 9.5H x 6.25L x 0.75T
Pages:  248
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From the Publisher:
This book addresses the classical but nonetheless still controversial question of what the role is of judicial discretion in adjudication. Its main purpose is to discuss the philosophical and epistemic foundations of two different legal theories: Hartian positivism and Dworkin's interpretivism. Bearing in mind the debate between realism and antirealism, the author shows how Hartian positivism faces serious difficulties to avoid global scepticism, and the problem of rule-following by simply connecting legal determinacy with the existence of settled conventions. In contrast, it is argued that Dworkin's interpretive theory can overcome scepticism by connecting legal determinacy with the idea of the best interpretation, and by rejecting externalism. With a view to justifying this claim, the author presents a reconstruction of Dworkin's philosophical position, which developed along the lines of Putnam's internal realism and Rawls' reflective equilibrium. This book will be of interest to legal theorists, lawyers, judges, and philosophers.
Product Attributes
Product attributeBook Format:   Hardcover
Product attributeNumber of Pages:   0248
Product attributePublisher:   Springer
Product attributeSeries Part:   49
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