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Rhetoric and The Rule of Law

Rhetoric and The Rule of Law Author Neil MacCormick
ISBN-10 9780191018787
Release 2005-07-28
Pages 304
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When cases come before courts can we predict the outcome? Is legal reasoning rationally persuasive, working within a formal structure and using recognisable forms of arguments to produce predictable results? Or is legal reasoning mere ŕhetoric ́in the pejorative sense, open to use, and abuse, to achieve whatever ends unscrupulous politicians, lawyers and judges desire? If the latter what becomes of the supposed security of living under the rule of law? This book tackles these questions by presenting a theory of legal reasoning, developing the author's classic account given in Legal Reasoning and Legal Theory (OUP, 1978). It explains the essential role syllogism plays in reasoning used to apply the law, and the elements needed in addition to deductive reasoning to give a full explanation of how law is applied and decisions justified through the use of precedent, analogy and principle. The book highlights that problems of interpretation, classification and relevance will always arise when applying general legal standards to individual cases. In justifying their conclusions about such problems, judges need to be faithful to categorical legal reasons and yet fully sensitive to the particulars of the cases before them. How can this be achieved, and how should we evaluate the possible approaches judges could take to solving these problems? By addressing these issues the book asks questions at the heart of understanding the nature of law and the moral complexity of the rule of law.



Interpreting Precedents

Interpreting Precedents Author D. Neil MacCormick
ISBN-10 9781351926447
Release 2016-12-05
Pages 598
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This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places. Out of the comparative study come the six theoretical and synoptic essays that conclude the volume.



MacCormick s Scotland

MacCormick s Scotland Author Neil Walker
ISBN-10 9780748649303
Release 2012-03-26
Pages 288
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A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.



A Theory of Legal Argumentation

A Theory of Legal Argumentation Author Robert Alexy
ISBN-10 0199584222
Release 2009-12-10
Pages 323
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What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book.



Law as Institutional Normative Order

Law as Institutional Normative Order Author Maksymilian Del Mar
ISBN-10 9781317107712
Release 2016-04-22
Pages 216
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MacCormick's `Institutions of Law' is the culmination of a lifetime's work in legal theory by one of the world's most respected legal theorists. Featuring an impressive collection of contributions from well-known legal theorists from around the world, all of whom are familiar with MacCormick’s work, this collection provides a cutting edge account of the book’s significance.



Legal reasoning

Legal reasoning Author Aulis Aarnio
ISBN-10 STANFORD:36105060465478
Release 1992-03
Pages 304
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This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.



Constitutionalism and Legal Reasoning

Constitutionalism and Legal Reasoning Author Massimo La Torre
ISBN-10 9781402055959
Release 2007-04-10
Pages 192
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This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.



Legal Reasoning and Legal Theory

Legal Reasoning and Legal Theory Author Neil MacCormick
ISBN-10 9780191018596
Release 1994-08-11
Pages 322
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What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.



Practical Reason in Law and Morality

Practical Reason in Law and Morality Author Neil MacCormick
ISBN-10 9780191021473
Release 2008-12-18
Pages 240
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The concept of practical reason is central to contemporary thought on ethics and the philosophy of law - acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of 'right and wrong' fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom - our freedom to form our own moral commitments - relate to our responsibilities to each other? How is this final question transposed into law and legal commitments? This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way. The book concludes and underpins the author's Law, State, and Practical Reason series. Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.



Institutions of Law

Institutions of Law Author Neil MacCormick
ISBN-10 9780191021756
Release 2007-01-11
Pages 336
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Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts, and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the State and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless, it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.



The Nature and Authority of Precedent

The Nature and Authority of Precedent Author Neil Duxbury
ISBN-10 9781139470971
Release 2008-04-03
Pages
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Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. This book examines the force and the limitations of these arguments and shows that although the principal requirement of the doctrine of precedent is that courts respect earlier judicial decisions on materially identical facts, the doctrine also requires courts to depart from such decisions when following them would perpetuate legal error or injustice. Not only do judicial precedents not 'bind' judges in the classical-positivist sense, but, were they to do so, they would be ill suited to common-law decision-making. Combining historical inquiry and philosophical analysis, this book will assist anyone seeking to understand how precedent operates as a common-law doctrine.



The Edinburgh law review

The Edinburgh law review Author
ISBN-10 UCAL:B5145396
Release 2007
Pages
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The Edinburgh law review has been writing in one form or another for most of life. You can find so many inspiration from The Edinburgh law review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Edinburgh law review book for free.



Lectures

Lectures Author
ISBN-10 UOM:39015075628696
Release 2006
Pages
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Lectures has been writing in one form or another for most of life. You can find so many inspiration from Lectures also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Lectures book for free.



Questioning Sovereignty

Questioning Sovereignty Author Neil MacCormick
ISBN-10 0199253307
Release 2001
Pages 210
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This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the State, about the character of the UK as a state, and about the judicial character of the European Union in its relationship with the member states of the Union. It is also a contribution to political theory in its discussion of the rule of law, the theory of sovereignty, and the principles of liberal nationalism. It combines a statement and application of the `institutional theory of law' with a balanced and carefully argued version of contemporary Scottish nationalism.



The Power of Precedent

The Power of Precedent Author Michael J. Gerhardt
ISBN-10 9780199795796
Release 2011
Pages 350
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The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress, and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive treatment, Michael Gerhardt connects the vast social science data and legal scholarship to provide the most wide-ranging assessment of precedent in several decades. Updated to reflect recent legal cases, The Power of Precedent clearly outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides. For the Supreme Court, precedents take many forms, including not only the Court's past opinions, but also norms, historical practices, and traditions that the justices have deliberately chosen to follow. In these forms, precedent exerts more force than is commonly acknowledged. This force is encapsulated in the implementation and recognition of what Gerhardt calls the "golden rule of precedent," a major dynamic in constitutional law. The rule calls upon justices and other public authorities to recognize that since they expect others to respect their own precedents, they must provide the same respect to others' precedents. Gerhardt's extensive exploration of precedent leads him to formulate a more expansive definition of it, one that encompasses not only the prior constitutional decisions of courts but also the constitutional judgments of other public authorities. Gerhardt concludes his study by looking at what the future holds for the concept, as he examines the decisions and attitudes toward precedent exhibited by the shift from the Rehnquist to the Roberts Court. Authoritative and incisive, Gerhardt presents an in-depth look at this central yet understudied phenomenon at the core of all constitutional conflicts and one of undeniable importance to American law and politics. Ultimately, The Power of Precedent vividly illustrates how constitutional law is made and evolves both in and outside of the courts.



An Institutional Theory of Law

An Institutional Theory of Law Author N. MacCormick
ISBN-10 9789401577274
Release 2013-04-17
Pages 229
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An Institutional Theory of Law has been writing in one form or another for most of life. You can find so many inspiration from An Institutional Theory of Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full An Institutional Theory of Law book for free.



Law as a Moral Idea

Law as a Moral Idea Author Nigel E. Simmonds
ISBN-10 STANFORD:36105064160794
Release 2007
Pages 209
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This book argues that the institutions of law and the structures of legal thought are best understood by referencing the moral ideals of freedom and independence from the power of others. In making this claim, the author rejects the viewpoint of much contemporary legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection, but Nigel Simmonds suggests that the relationship between ideals and practices is much more intimate than this approach would suggest. In Law as a Moral Ideal he posits that some institutions can be properly understood only when they are viewed as imperfect attempts to realize moral or political ideals, and some ideals can be conceived only by reference to their expression in institutions.