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Law's Judgement

By: William Lucy
Media of Law's Judgement
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Published: 28-11-2019
Format: Paperback
Edition: 1st
Extent: 272
ISBN: 9781509934652
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £35.00

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Loren Epson

About Law's Judgement

Law's Judgement elucidates and defends a feature of contemporary law that is currently either overlooked or too glibly dismissed as morally troublesome or historically anachronistic. That feature is the abstract nature of law's judgement and its three components show that, when law judges us, it often does so in ignorance of our particular characters and abilities, on the one hand, and in ignorance of our context and circumstances, on the other. Law's judgement is thus insensitive to all or much that makes us the particular people we are. The book explores various connections between this mode of judgement and some of our most important legal and political values. It shows that law's abstract judgement is closely related to important juristic conceptions of personhood, responsibility and impartiality, and that these notions are not without moral significance. The book also examines the connections between modern law's judgement and three of our most important political values, namely, dignity, equality and community. It argues that, if we value particular conceptions of dignity, equality and community, then we must also value law's judgement. Illuminating these connections therefore serves a double purpose: first, it makes a case against those who counsel liberation from law's abstract judgement and, second, it redirects attention to the task of morally evaluating law's abstract judgement in its own terms.

Table Of Contents

1. Law's Judgement
I. How Law Judges Us
II. Why and How?
III. Prospect
2. Law's Persons
I. Persons in Law
II. Legalism, Abstraction and Other Vices
III. Conclusion
3. Fairness: Responsibility, Impartiality, Equity
I. Responsibility
II. Impartiality
III. Equity and Mercy
4. Dignity
I. Concept and Conceptions
II. Distinctions without Differences
III. Connections
IV. Is Dignity a Value?
5. Equality
I. Making Room
II. Two Conceptions of Equality
III. Difference, Confluence, Connections
6. Community
I. Who and How?
II. What and Why?
7. Conclusion
I. Immanence and Value
II. Taking Stock


“In this original monograph William Lucy takes a fresh look at some aspects of the relationship between law and morality that have not attracted much attention in recent years... Law's Judgement achieves a significant contribution to our understanding of normative abstractions inherent in juristic judgements and of their links to an array of values, while it examines the remarkable scope of this array through the lens of a highly inquisitive and invariably vigilant jurisprudential investigator.” –  Haris Psarras, St Catharine's College, The Cambridge Law Journal

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