Fr. 70.00

New Essays on the Nature of Legal Reasoning

English · Paperback / Softback

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Informationen zum Autor Mark McBride is Assistant Professor in the Faculty of Law at the National University of Singapore. James Penner is Professor at the Faculty of Law, National University of Singapore. Since 1992, he has taught law at Brunel University, the London School of Economics, King's College London, and from 2008 until 2013 as Professor of Property Law at the Faculty of Laws, University College London. He has been a visiting professor in China, Canada, Belgium, and Australia. Klappentext This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective. Vorwort Bringing together esteemed philosophers and more junior scholars, this volume critically assesses the nature of legal reasoning across general jurisprudence, rules and reasons, and doctrine and practice. Zusammenfassung This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts:The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning.The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning.The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective. Inhaltsverzeichnis Introduction Mark McBride (National University of Singapore) and James Penner (National University of Singapore) PART I GENERAL JURISPRUDENCE AND LEGAL REASONING 1. On the Relationship between Law and Legal Reasoning Fred Schauer (University of Virginia, USA) 2. The Law of the Street Barbara Baum Levenbook (North Carolina State University, USA) 3. Must Legal Reasons Be General? Fábio Perin Shecaira (Federal University of Rio de Janeiro, Brazil) 4. The Factor Model and General Jurisprudence Adam Rigoni (Arizona State University, USA) PART II RULES AND REASONS 5. No Reasons Mark McBride (National University of Singapore) 6. Revisiting the Reasons Account of Precedent Grant Lamond (University of Oxford, UK) 7. Grant Lamond’s Account of Precedent: A Personal Encounter John Horty (University of Maryland, USA) 8. How to Govern Conduct Larry Alexander (University of San Diego, USA) and Emily Sherwin (Cornell University, USA) 9. Working with a Body of Rules: On the Nature of Doctrinal Legal Disagreement in Judge-Made Law James Penner (National University of Singapore) PART III DOCTRINE AND PRACTICE 10. Thinking Like a Lawyer: An Introduction to Common Law Method Sundram Peter Soosay (Independent Scholar) 11. How the Ideal Adversary System’s Argumentative Structure Threatens Dignity Katharina Stevens (University of Lethbridge, Canada) and Nicole Lockstadt (McMaster University, Canada) 12. Lesser Evils, Mere Permissions and Justifying Reasons in Law Rob Mullins (University of Queensland, Australia )13. First Among Equals: Abduction in Legal Argument ...

Product details

Authors Mark McBride, James Penner
Assisted by Mark McBride (Editor), George Pavlakos (Editor), James Penner (Editor)
Publisher Hart Publishing
 
Languages English
Product format Paperback / Softback
Released 01.12.2023
 
EAN 9781509958801
ISBN 978-1-5099-5880-1
No. of pages 464
Dimensions 154 mm x 232 mm x 14 mm
Series Law and Practical Reason
Subjects Social sciences, law, business > Law > International law, foreign law

LAW / Jurisprudence, Jurisprudence & general issues, Jurisprudence and general issues, jurisprudence; precedent; legal doctrine; legal philosophy

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