The Rule of Rules: Morality, Rules, and the Dilemmas of Law

The Rule of Rules: Morality, Rules, and the Dilemmas of Law

by Larry Alexander, Emily Sherwin, Emily Sherwin
     
 

Analysis of jurisprudential debates about the nature of law through a general investigation of the reasons for and optimal structures of authoritative rules and the moral and practical dilemmas created by those rules.

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Overview

Analysis of jurisprudential debates about the nature of law through a general investigation of the reasons for and optimal structures of authoritative rules and the moral and practical dilemmas created by those rules.

Product Details

ISBN-13:
9780822327363
Publisher:
Duke University Press Books
Publication date:
08/31/2001
Edition description:
New Edition
Pages:
288
Product dimensions:
5.90(w) x 9.20(h) x 1.10(d)

Table of Contents

Acknowledgments
Introduction
 
Part I. The Circumstances of Law
1. Disagreement, Uncertainty, and Authoritative Settlement
2. Settlement Requisites and the Nature of Authoritative Rules
3. Hierarchies of Rules
 
Part II. Acting Under Rules
4. The Problem of Rules
5. Interpretation of Rules
 
Part III. Issues of Legal Reasoning
6. Reasoning by Analogy
7. Reasoning in Light of Precedent
8. Reasoning from Legal Principles
 
Part IV. The Settlement Function and Jurisprudential Debates
 9.  Legal Positivism and Natural Law
10. Lex, Rules, and Some Miscellaneous Problems of Jurisprudence
 
Notes
Index

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