A Case for Constructive Conceptual Explanation
Elgar Studies in Legal Theory
Chapter 8: Participant understanding and legal theory
This chapter takes a closer look at one prominent imperialist claim (best associated with Dworkin), that a proper understanding of law must be from and for the participant’s perspective. The role of participant understandings in legal theory has been the topic of much debate, yet no clear solution has been provided of how or why participant perspectives matter to legal theory. This chapter is designed to clear some misunderstandings about what legal theory owes to participant understandings in the context of the general diversity of theories of law and establish a basis upon which to resolve some methodological disputes.
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