The vantage of law: Its role in thinking about law, judging and bills of rights

Allan, James The vantage of law: Its role in thinking about law, judging and bills of rights. Farnham, Surrey, United Kingdom: Ashgate Publishing, 2011.

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Name Description MIMEType Size Downloads
Author Allan, James
Title The vantage of law: Its role in thinking about law, judging and bills of rights
Place of Publication Farnham, Surrey, United Kingdom
Publisher Ashgate Publishing
Publication year 2011
Sub-type Research book (original research)
Series Applied legal philosophy
ISBN 9781409430605
140943060X
9781409430612
1409430618
Language eng
Start page 1
End page 202
Total number of pages 195
Collection year 2012
Subjects A1
180199 Law not elsewhere classified
Formatted Abstract/Summary
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. [Summary from publisher website]
Q-Index Code A1
Q-Index Status Confirmed Code
Institutional Status UQ

 
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Created: Tue, 20 Mar 2012, 12:44:53 EST by Carmen Buttery on behalf of T.C. Beirne School of Law