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How to Do Things with Legal Doctrine
Pierre Schlag
Amy J. Griffin
出版
University of Chicago Press
, 2020-10-10
主題
Law / General
ISBN
022672638X
9780226726380
URL
http://books.google.com.hk/books?id=7az0DwAAQBAJ&hl=&source=gbs_api
EBook
SAMPLE
註釋
Legal doctrine—the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law—is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions.
How to Do Things with Legal Doctrine
is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the “New Doctrinalists,” Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine—focusing especially on those difficult moments where law seems to run out, but legal argument must go on. The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges.
How to Do Things with Legal Doctrine
will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.