Evaluation and Legal Theory

Description

If Raz and Dworkin disagree over how law should be characterized, 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 Raz's position that evaluation is essential to successful legal theory. 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.

Julie Dickson is a Fellow and Tutor in Law at Somerville College,Oxford.

Evaluation and Legal Theory offered both a clear and concise conspectus of positivist methodology as well as a response to the long-standing objection that such an approach has to evaluate the data it studies rather than simply describe facts about legal systems. -- Jeffrey Pojanowski, Professor of Law, Notre Dame Law School * Yale Law Journal *