Legal Reasoning and Legal Theory [NOOK Book]

Overview

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 ...
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Legal Reasoning and Legal Theory

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Overview

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.
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Product Details

Meet the Author

The late Neil MacCormick, formerly Regius Professor Emeritus of Public Law and the Law of Nature and Nations in the University of Edinburgh

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Table of Contents

Foreword
Further Reading
Table of Cases
I Introduction 1
II Deductive Justification 19
III Deductive Justification - Presuppositions and Limits 53
IV The Constraint of Formal Justice 73
V Second-Order Justification 100
VI Consequentialist Arguments 129
VII The Requirement of 'Coherence': Principles and Analogies 152
VIII The Requirement of Consistency and the Problem of Interpretation: Clear Cases and Hard Cases 195
IX Legal Reasoning and Legal Theory 229
Excursus 259
X Law, Morality, and the Limits of Practical Reason 265
Appendix: On the 'Internal Aspect' of Norms 275
Index of Statutes Cited 293
General Index 294
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