| 000 | 01924 a2200325 4500 | ||
|---|---|---|---|
| 001 | 1351939386 | ||
| 005 | 20250317111608.0 | ||
| 008 | 250312042016GB eng | ||
| 020 | _a9781351939386 | ||
| 037 |
_bTaylor & Francis _cGBP 51.99 _fBB |
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| 040 | _a01 | ||
| 041 | _aeng | ||
| 072 | 7 |
_aLAB _2thema |
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_a340.1 _2bisac |
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| 100 | 1 | _aBrian Burge-Hendrix | |
| 245 | 1 | 0 | _aEpistemic Uncertainty and Legal Theory |
| 250 | _a1 | ||
| 260 |
_aOxford _bRoutledge _c20161205 |
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| 300 | _a210 p | ||
| 520 | _bCrossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm. The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies. | ||
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