Rhetoric and the Rule of Law - A Theory of Legal Reasoning

Zusatztext Its erudite elegance means that it will serve as an excellent introduction to jurisprudence for undergraduates, as well as providing a major contribution to legal philosophy. MacCormick reaffirms the dialectic between the universal and the particular. Informationen zum Autor Leverhulme Personal Research Professor and Regius Professor of Public Law and the Law of Nature and Nations, the University of Edinburgh QC honoris causa, England and Wales 1999 Knighthood for services to scholarship in law 2001 Royal Medal for Humanities and Social Sciences, Royal Society of Edinburgh 2004 1999-2004 he served as Member of the European Parliament Klappentext This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers. Zusammenfassung Discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. This book shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning. Inhaltsverzeichnis 1: Prologue 2: Rhetoric and the Rule of Law 3: The Legal Syllogism 4: Defending Deduction 5: Universalising Deduction 6: Judging by Consequences 7: Being Reasonable 8: Arguing About Interpretation 9: Using Precedents 10: Legal Narratives 11: Principles, Consistency and Coherence 12: Arguing Defeasibly 13: Judging Mistakenly

Product details

• Authors: Neil MacCormick, Neil (Formerly Regius Professor of Pub Maccormick, Neil (Formerly Regius Professor of Public Law and the Law of Nature and Nations MacCormick, MacCormick Neil
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 28.07.2005
• EAN: 9780198268789
• ISBN: 978-0-19-826878-9
• No. of pages: 304
• Series: Law, State, and Practical Reason; Law, State, and Practical Reas; Law, State, and Practical Reason; Law, State, and Practical Reas
• Subjects: Humanities, art, music > Philosophy > General, dictionaries; Social sciences, law, business > Law > International law, foreign law; Social Theory, PHILOSOPHY / Social, PHILOSOPHY / Political, LAW / General, POLITICAL SCIENCE / History & Theory, SOCIAL SCIENCE / Sociology / Social Theory, Social & political philosophy, Political science & theory, social and political philosophy, Political science and theory, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law