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Overview
This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates.
Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.
Synopsis
Although not limiting himself to the work of the two theorists, attorney Raban structures his examination of legal theoretic views of the impartiality of legal interpretation around the principal rival theories of H.L.A Hart and Ronald Dworkin, both of whom Raban believes defend erroneous constructive positions that are nonetheless important for providing a necessary background for critical theory. In Raban's own view, Hart and Dworkin's emphasis on the search for impartial legal interpretation should be rejected for the understanding that "under common circumstances, the duties of legal interpretation compel the legal interpreter to appeal to her preferences." Distributed by ISBS. Annotation ©2004 Book News, Inc., Portland, OR