Justifying Law: The Debate Over Foundations, Goals and Methods
By: Raymond A. Belliotti (author)Paperback
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Entering the perennial debate about the role and definition of law, Raymond Belliotti presents a critical survey of a number of philosophical approaches to law and judicial decision-making. Confronting the conflicting orientations represented by legal formalism and legal realism, he discusses the relationship between law and society. For a decision such as Roe v. Wade, the differing justifications by formalists and realists can affect policy interpretations as well as legal challenges. The application of an implicit right to privacy versus the attempt to enact policy that deals with a social problem and the acceptance of judicial innovation demonstrates how sometimes opposing arguments can reach the same legal decision. While providing his own account of law, Belliotti takes seriously the legal critiques inspired by Marxism and feminism and illustrates how traditional philosophical problems and methods plague legal theory. He also shows the impasses to which our argumentation strategies lead and suggests ways we might transcend those dead ends. Raymond A. Belliotti is Professor of Philosophy at State University of New York at Fredonia.
Raymond A. Belliotti is Professor of Philosophy at State University of New York at Fredonia.
Acknowledgments Introduction: The Terms of the Debate: Legal Formalism and Legal Realism Part I: The Core of Law: Analytic Jurisprudence 1. The Immanent Moral Order and Law's Objectivity: Natural Law 2. The Quest for Rigor: Legal Positivism 3. The Right Answer Thesis: Ronald Dworkin's Legal Idealism 4. Quantitative Analysis and Circular Apologetics: Law and Economics 5. Reconceiving Rational Constraints: The Interpretivist Turn Part II: What's Left of Law? Challenging Law's Pretensions 6. Historical Necessity and Radical Contingency: Marxist Jurisprudence 7. The Fundamental Contradiction and Nihilism: Critical Legal Studies 8. In Search of Dialogue: Feminism Unmodified Part III: Law's Aspirations and Philosophical Method: Promises, Impasses, and New Directions 9. A Dialogue Between Mainstream Methods and the New Guard: Is There Any Hope? 10. Critical Pragmatism: Pluralism, Justification, and Law's Directive Power Notes Index
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