Peer disagreement in law /
Philosophers have been puzzled for quite some time by the fact that intelligent and generally reasonable individuals who are equally well-informed and familiar with the same bodies of evidence still disagree with one another. Legal theorists wonder why this is puzzling for philosophers in the first...
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Main Authors: | |
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Published: |
Duncker & Humblot,
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Publisher Address: | Berlin : |
Publication Dates: | [2021] |
Literature type: | Book |
Language: | English |
Series: |
Schriften zur Rechtstheorie,
Band 295 |
Subjects: | |
Summary: |
Philosophers have been puzzled for quite some time by the fact that intelligent and generally reasonable individuals who are equally well-informed and familiar with the same bodies of evidence still disagree with one another. Legal theorists wonder why this is puzzling for philosophers in the first place as disagreement is the very foundation of their work. This book, placed at the intersection of philosophical epistemology and jurisprudence, deals with the theoretical challenges that disagreements between judges create. The philosophical debate is applied to German and American legal disputes. How can such disagreements be integrated into the general philosophical debate on ?peer disagreement? and into the legal theory of judicial decisionmaking? How should one deal with such disagreements under the existing legal framework but also in terms of legal policy?... |
Item Description: | Originally presented as the author's thesis (doctoral)--Humboldt-Universita?t zu Berlin, 2018. |
Carrier Form: | 124 pages : illustrations ; 24 cm. |
Bibliography: | Includes bibliographical references (pages [116]-124) and index. |
ISBN: |
9783428159284 3428159284 |
Index Number: | K2146 |
CLC: |
D951.66 D971.26 |
Call Number: | D971.26/V718 |