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Author Allan, James, 1960-

Title The vantage of law : its role in thinking about law, judging and bills of rights / James Allan
Published Farnham : Ashgate, [2011]


Location Call no. Vol. Availability
 W'BOOL  340.112 All/Vol  AVAILABLE
Description 202 pages ; 24 cm
Series Applied legal philosophy
Applied legal philosophy.
Contents Separating law and morality I -- Separating law and morality II -- Judges and judging I -- Judges and judging II -- Bills of rights I -- Bills of rights II -- Concluding remarks and dialogue
Summary The premise of this book is that a shift of vantage will help elucidate various important issues of law related to judging, to bills of rights and to more abstract questions of legal philosophy. The work begins by focussing on the jurisprudential issue of whether it is desirable to keep separate the demands of law and of morality and uses the device of changing vantages to elucidate the many issues that fall under that aegis. This is followed by a consideration of how judges ought to do their job when interpreting and whether the rule of law ideal differs from rule by judges. The last part of the book focuses explicitly on bills of rights. Building on the earlier parts, the author uses his device of shifting vantages to provide insights into how these instruments affect democratic decision-making and from which perspectives they will look attractive and unattractive. Written in a clear, accessible and engaging style, the book demonstrates that vantage point is a key criterion affecting how one understands and evaluates, firstly, some of the theoretical debates in jurisprudence and then, secondly, what judges are doing and whether a bill of rights is desirable or not
Notes Formerly CIP. Uk
Bibliography Includes bibliographical references and index
Subject Human rights.
Judicial process.
Jurisprudence -- Philosophy.
Law and ethics.
Law -- Interpretation and construction.
LC no. 2011013142
ISBN 140943060X (hbk.)
9781409430605 (hbk.)