0
Your cart

Your cart is empty

Browse All Departments
  • All Departments
Price
  • R2,500 - R5,000 (1)
  • -
Status
Brand

Showing 1 - 1 of 1 matches in All Departments

A Difference of Reason (Paperback): Nancy E. Rourke A Difference of Reason (Paperback)
Nancy E. Rourke
R2,531 Discovery Miles 25 310 Ships in 10 - 15 working days

This book sets out a new jurisprudence to displace legal pragmatism. Legal pragmatism has been the law's deep operating theory for a century, but it no longer meets the needs of a nation as diverse as ours. William James defined pragmatism as a method and a theory of truth. This book offers a new method and a new theory of truth for use in law, one specifically designed to serve the needs of a diverse nation. One key feature is perspective reason. Human reason consists of two elements, the empirical or sense-based and the rationalistic or reason-based elements. In parallel with the philosophy of pragmatism, legal pragmatism attempted a synthesis of the two. This book argues for changes in the design of the trial made possible by the new theory of truth and method. The legal pragmatists believed that the trial as a reasoned inquiry into social dynamics may be ongoing. The proposed new method draws on recent developments in organizational science. The legal pragmatists treated practicing lawyers as the legal equivalent of scientists engaged in inductive inquiry. Thus 20th century law practice works by requiring that lawyers set out a statement of facts and conclusion of law in legal pleadings. The trial then inquires into the claims of fact. This form of legal science works from the perspective of the social factor as is true of the newer form of organizational science. An action-based legal method will make the law much more practical and useful to society. The trial remains to be rationalized in ways that can accomodate the reasoning of those who are subject to law. The new theory of the trial as an action-based, reasoned inquiry into social dynamics offers lawyers the means to do so.

Free Delivery
Pinterest Twitter Facebook Google+
You may like...
JCB Drift Canvas Soft Toe Sneaker…
R389 Discovery Miles 3 890
ZA Cute Butterfly Earrings and Necklace…
R712 R499 Discovery Miles 4 990
Webcam Cover (Black)
 (1)
R9 Discovery Miles 90
Loot
Nadine Gordimer Paperback  (2)
R398 R330 Discovery Miles 3 300
Casio LW-200-7AV Watch with 10-Year…
R999 R884 Discovery Miles 8 840
Elecstor 18W In-Line UPS (Black)
R999 R869 Discovery Miles 8 690
Loot
Nadine Gordimer Paperback  (2)
R398 R330 Discovery Miles 3 300
La La Land - Original Motion Picture…
Various Artists CD R174 Discovery Miles 1 740
Cable Guys Controller and Smartphone…
R355 Discovery Miles 3 550
Spider-Man: 5-Movie Collection…
Tobey Maguire, Kirsten Dunst, … Blu-ray disc  (1)
R466 Discovery Miles 4 660

 

Partners