A critical survey of a number of philosophical approaches to law and judicial decision-making
The Debate over Foundations, Goals, and Methods
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Raymond A. Belliotti
Entering the perennial debate about the role and definition of law, Raymond Belliotti presents a critical survey of a number of philosophical approaches to law and judicial decision-making. Confronting the conflicting orientations represented by legal formalism and legal realism, he discusses the relationship between law and society. For a decision such as Roe v. Wade, the differing justifications by formalists and realists can affect policy interpretations as well as legal challenges. The application of an implicit right to privacy versus the attempt to enact policy that deals with a social problem and the acceptance of judicial innovation demonstrates how sometimes opposing arguments can reach the same legal decision. While providing his own account of law, Belliotti takes seriously the legal critiques inspired by Marxism and feminism and illustrates how traditional philosophical problems and methods plague legal theory. He also shows the impasses to which our argumentation strategies lead and suggests ways we might transcend those dead ends.
"The author brings a critical intelligence and a very impressive scholarship to traditional issues in law. The strength that jumps from the page is a very well informed contemporary reading that avoids clichés and the limits of much contemporary analysis."
"[A]n excellent survey and analysis of major theories in the philosophy of law. The book features intelligent discussions of such diverse approaches as natural law theory, legal positivism, law and economics, feminist jurisprudence, and Critical Legal Studies. Justifying Law is full of insight, clear reasoning, and common sense.... The wide-ranging examination reveals Belliotti's substantial scholarship and keen intelligence.... Through his presentation and commentary on several philosophies of law and individual legal theorists, Belliotti has enriched and advanced jurisprudential dialogue and inquiry."
Part I: The Core of Law: Analytic Jurisprudence
Part II: What's Left of Law? Challenging Law's Pretensions
Part III: Law's Aspirations and Philosophical Method: Promises, Impasses, and New Directions