It's All in the Game: A Nonfoundationalist Account of Law and Adjudication

Author:   Allan C. Hutchinson
Publisher:   Duke University Press
ISBN:  

9780822324287


Pages:   277
Publication Date:   24 January 2000
Format:   Hardback
Availability:   Out of stock   Availability explained
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It's All in the Game: A Nonfoundationalist Account of Law and Adjudication


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Overview

Three questions concerning modern legal thought provide the framework for this analysis: what should judges do?; what do judges do?; and what can judges do? Contrasting his own answers with traditional responses and moving playfully between debates of high theory, daily practices of appellate judges, and his own enlightening analyses of significant court rulings, Allan C. Hutchinson examines what it means to treat adjudication as an engaged game of rhetorical justification. His resulting argument should enable the reader to grasp more fully the practical operation, political determinants, and the transformative possibilities of law and adjudication.

Full Product Details

Author:   Allan C. Hutchinson
Publisher:   Duke University Press
Imprint:   Duke University Press
Dimensions:   Width: 15.60cm , Height: 3.80cm , Length: 23.50cm
Weight:   0.921kg
ISBN:  

9780822324287


ISBN 10:   0822324288
Pages:   277
Publication Date:   24 January 2000
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Out of stock   Availability explained
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

Table of Contents

Preface 1. Playing the Game: An Introduction 2. It’s All in the Game: Adjudication in a Nonfoundationalist Way 3. The Language Game: From Ambiguity to Indeterminacy 4. Playing with Authority: Interpretation and Identity 5. A Pure Way of Playing: The Naturalist Revival 6. At Play in the Fields of Law: The Reasoning Game 7. Playing by the Rules: A Good Faith Approach 8. Calling the Shots: The Development of Legal Doctrine 9. Playing Politics: Putting Poetry in Motion 10. Playing with the Rules: Experiments in Judging 11. Overtime? A Conclusion Appendix Notes Index

Reviews

Law It's All in the Game sharpens a pressing debate in legal theory and helps show a way out. It is compelling and clear, and a certain classic from a leading theorist of our time. --Lawrence Lessig, Harvard University Law School A significant and important contribution to legal theory that is both well-written and stimulating. Hutchinson's book offers the serious reader a perspective that previously had been missing in the debates about modernism and postmodernism in law--yet it remains refreshingly down to earth and readable. --Gary Minda, Brooklyn Law School A particularly thoughtful attempt to carve out a 'middle way' between the formalist and the political vision of law. --Paul Campos, University of Colorado, Boulder


Author Information

Allan C. Hutchinson has been Professor of Law at Osgoode Hall Law School at York University in Toronto and is now University Research Professor at Cardiff Law School, University of Wales. His books include Legal Ethics and Professional Responsibility and Waiting for Coraf: A Critique of Law and Rights.

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