Legal Reasoning Legal Theory and Rights

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Overview

This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed.

This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.

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Product Details

  • ISBN-13: 9780754626695
  • Publisher: Ashgate Publishing, Limited
  • Publication date: 11/28/2007
  • Series: Collected Essays in Law Series
  • Pages: 424
  • Product dimensions: 6.10 (w) x 9.09 (h) x 1.06 (d)

Table of Contents

Introduction

My philosophy of law

Part 1 Legal Reasoning: Principled decision-making and the Supreme Court

A note on discovery and justification in science and law

The logical force of arguments by analogy in common law reasoning

Aesthetics and legal reasoning: a strand in American legal thought

Preliminaries to the study of procedural justice

Substantive interpretation and common law elaboration

The legal analog of the principle of bivalence. Part 2 Legal Theories

Jurisprudence and legal philosophy in 20th century America—major themes and developments

Kelsen and the concept of 'legal system'

Holmes's jurisprudence: aspects of its development and continuity

Retroactive legislation and restoration of the rule of law

The cultural defense

Responsibility

Faux pas. Part 3 Rights: Towards a theory of human rights

Obligations to future generations

The significance of rights language

The primacy of welfare rights

Rights, performatives, and promises in Karl Olivecrona's legal theory

Name index.

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