How to do things with legal doctrine

by Schlag, Pierre

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Title Statements

Full title :How to do things with legal doctrine / Pierre Schlag and Amy J. Griffin.

Summary

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.

Edition Statements

Publication Date:©2020

Publication Statements

Publisher(s):The University of Chicago Press
Place of Publication:Chicago
Language:eng
Publication Date:©2020

The Physical Object

Description:viii, 207 pages ; : 23 cm

Edition Identifiers

ISBN:9780226726106, 022672610X, 9780226726243, 022672624X
oclc:on1137737568
LC Classification:K212
Dewey Decimal:340/.1

What is doctrine? -- Frames and framing -- Baselines -- The legal distinction -- Rules and standards -- Resolving regime conflicts -- Interpretation -- Cluster logic -- Coda : the topics of doctrine.