Arguing that good legal reasoning remains the best device by which we can ensure that judicial impartiality, the rule of law, and social trust and peace are preserved, Thomas F. Burke and Lief H. Carter present an accessible and lively text that analyzes the politics of the judicial process. Looking at the larger social and institutional contexts that affect the rule of law - including religious beliefs and media coverage of the courts - Reason in Law uses cases ripped from the headlines to illustrate its theory in real-world practice.
|Publisher:||Taylor & Francis|
|Edition description:||Older Edition|
|Product dimensions:||5.90(w) x 8.90(h) x 0.40(d)|
Table of Contents
1 What Legal Reasoning Is, and Why It Matters An Overview of Law and Politics A Definition of Law A Definition of Legal Reasoning Legal Reasoning Does Not Discover the "One Right Answer." The Four Elements of Legal Reasoning Sources of Official Legal Texts The Choices That Legal Reasoning Confronts Illustrative Case Questions about the Case 2 Change and Stability in Legal Reasoning Sources of Unpredictibility in Law Is Unpredictability in Law Desirable? Vertical and Horizontal Stare Decisis: A Stabilizing and Clarifying Element in Law. Illustrative Cases Questions about the Cases 3 Common Law Origins of Common Law Reasoning by Example in Common Law Keeping the Common-Law Tradition Alive The Common-Law Tradition Today Illustrative Case Questions about the Case 4 Statutory Interpretation What are Statutes? Four Misguided Approaches to "First Instance" Statutory Interpretation Purpose: The Key to Wise Statutory Interpretation Stare Decisis in Statutory Interpretation A Summary Statement of the Appropriate Judicial Approach to Statutory Interpretation Illustrative Case Questions about the Case 5 Interpreting the United States Constitution "The Supreme Law of the Land" Conventional Legal Reasoning in Constitutional Interpretation Judicial Review and Democratic Theory The Turn to Individual Dignity Illustrative Case Questions about the Case 6 Law and Politics The Rule of Law Three Threats to the Rule of Law The Rule of Law as Liberal Justification Illustrative Case Appendix A: Introduction to Legal Procedure and Terminology Appendix B: Law and Politics: The Rule of Law and the Bush Administration