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Keeping legal theory in mind

Chapter


Abstract


  • This chapter is all about exploring the positions and starting points that

    might affect a person's amenity or ability to find a way into legal theory. Our

    training as lawyers means all of us think alike and approach legal problems in the

    same way, more or less. But what makes some of us question the origins of settled

    doctrines, or argue that statutory provisions are open to interpretation when

    others of us would neither see nor think about the possibility that a different

    reading of the text of the law might exist? A range of factors may apply that you

    may have already picked up from the last two chapters, but intelligence (or lack

    thereof) is not one of them. You already know the answer, don't you? All of us

    think about things differently. This may because we are introvert or extravert,

    because we are motivated by political standpoints or cultural viewpoints that are

    embedded into our NLDBs. But that is not the end of the story.

    We will now turn to a deeper exploration of some of these concepts,

Publication Date


  • 2014

Edition


  • 2

Citation


  • M. Leiboff, 'Keeping legal theory in mind' in M. Leiboff & M. Thomas(ed), Legal Theories: Contexts and Practices (2014) 63-90.

International Standard Book Number (isbn) 13


  • 9780455231051

Book Title


  • Legal Theories: Contexts and Practices

Start Page


  • 63

End Page


  • 90

Place Of Publication


  • Australia

Abstract


  • This chapter is all about exploring the positions and starting points that

    might affect a person's amenity or ability to find a way into legal theory. Our

    training as lawyers means all of us think alike and approach legal problems in the

    same way, more or less. But what makes some of us question the origins of settled

    doctrines, or argue that statutory provisions are open to interpretation when

    others of us would neither see nor think about the possibility that a different

    reading of the text of the law might exist? A range of factors may apply that you

    may have already picked up from the last two chapters, but intelligence (or lack

    thereof) is not one of them. You already know the answer, don't you? All of us

    think about things differently. This may because we are introvert or extravert,

    because we are motivated by political standpoints or cultural viewpoints that are

    embedded into our NLDBs. But that is not the end of the story.

    We will now turn to a deeper exploration of some of these concepts,

Publication Date


  • 2014

Edition


  • 2

Citation


  • M. Leiboff, 'Keeping legal theory in mind' in M. Leiboff & M. Thomas(ed), Legal Theories: Contexts and Practices (2014) 63-90.

International Standard Book Number (isbn) 13


  • 9780455231051

Book Title


  • Legal Theories: Contexts and Practices

Start Page


  • 63

End Page


  • 90

Place Of Publication


  • Australia