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Legal Doctrinal Scholarship - Legal Theory and the Inner Workings of a Doctrinal Discipline (Hardcover)
Loot Price: R3,250
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Legal Doctrinal Scholarship - Legal Theory and the Inner Workings of a Doctrinal Discipline (Hardcover)
Series: Elgar Studies in Legal Research Methods
Expected to ship within 12 - 17 working days
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Providing a comprehensive account of the often-misunderstood area
of legal doctrinal scholarship, this incisive book offers a novel
framing for conceptual legal theory and the functions of conceptual
theorising in legal studies. It explores the ways in which a
doctrinally-oriented legal theory may provide methodological
support to legal scholars, arguing that making adequate sense of
the rational reconstruction of law is pivotal in delivering such
active support. The epistemological key to the central themes of
the book is the idea that doctrinal disciplines are anchored in the
concept of 'doctrinal knowledge', the practice-specific normative
knowledge used to navigate institutionalised social practices. The
distinctive epistemological and political philosophical grounding
for legal doctrinal scholarship demonstrated in this book
facilitates a rich analysis of the three core models of
interdisciplinary engagement characteristic of legal scholarship.
Considering how legal doctrinal scholarship cultivates doctrinal
knowledge by way of hermeneutic engagement with positive law, this
thought-provoking book will be a key resource for students and
scholars of constitutional law, criminal law, private law and
international law. It will also be of benefit to legal theorists,
philosophers and practitioners.
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