The Vantage of Law

The Vantage of Law
Author :
Publisher : Ashgate Publishing, Ltd.
Total Pages : 211
Release :
ISBN-10 : 9781409497677
ISBN-13 : 1409497674
Rating : 4/5 (674 Downloads)

Book Synopsis The Vantage of Law by : Dr James Allan

Download or read book The Vantage of Law written by Dr James Allan and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The premise of this book is that a shift of vantage will help elucidate various important issues of law related to judging, to bills of rights and to more abstract questions of legal philosophy. The work begins by focussing on the jurisprudential issue of whether it is desirable to keep separate the demands of law and of morality and uses the device of changing vantages to elucidate the many issues that fall under that aegis. This is followed by a consideration of how judges ought to do their job when interpreting and whether the rule of law ideal differs from rule by judges. The last part of the book focuses explicitly on bills of rights. Building on the earlier parts, the author uses his device of shifting vantages to provide insights into how these instruments affect democratic decision-making and from which perspectives they will look attractive and unattractive. Written in a clear, accessible and engaging style, the book demonstrates that vantage point is a key criterion affecting how one understands and evaluates, firstly, some of the theoretical debates in jurisprudence and then, secondly, what judges are doing and whether a bill of rights is desirable or not.


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