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Rhetoric and The Rule of Law: A Theory of Legal Reasoning (eBook)


ISBN13: 9780191018787
Published: September 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £23.32 + £4.66 VAT
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When cases come before courts can we predict the outcome? Is legal reasoning rationally persuasive, working within a formal structure and using recognisable forms of arguments to produce predictable results? Or is legal reasoning mere nullrhetoricnull in the pejorative sense, open to use, and abuse, to achieve whatever ends unscrupulous politicians, lawyers and judges desire? If the latter what becomes of the supposed security of living under the rule of law?

This book tackles these questions by presenting a theory of legal reasoning, developing the authornulls classic account given in Legal Reasoning and Legal Theory (OUP, 1978). It explains the essential role syllogism plays in reasoning used to apply the law, and the elements needed in addition to deductive reasoning to give a full explanation of how law is applied and decisions justified through the use of precedent, analogy and principle.

The book highlights that problems of interpretation, classification and relevance will always arise when applying general legal standards to individual cases. In justifying their conclusions about such problems, judges need to be faithful to categorical legal reasons and yet fully sensitive to the particulars of the cases before them. How can this be achieved, and how should we evaluate the possible approaches judges could take to solving these problems? By addressing these issues the book asks questions at the heart of understanding the nature of law and the moral complexity of the rule of law.

Subjects:
Jurisprudence, eBooks
Contents:
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;

Series: Law, State, and Practical Reason

Practical Reason in Law and Morality ISBN 9780199693467
Published April 2011
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Rhetoric and The Rule of Law: A Theory of Legal Reasoning ISBN 9780199571246
Published September 2009
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Practical Reason in Law and Morality (eBook) ISBN 9780191021473
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Practical Reason in Law and Morality ISBN 9780198268772
Published January 2009
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Institutions of Law: An Essay in Legal Theory ISBN 9780199535439
Published February 2008
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£27.49
Institutions of Law: An Essay in Legal Theory (eBook) ISBN 9780191021756
Published February 2008
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£21.66 + £4.33 VAT
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Institutions of Law: Law, State and Practical Reason ISBN 9780198267911
Published January 2007
Oxford University Press
Price on Application
Rhetoric and The Rule of Law: A Theory of Legal Reasoning ISBN 9780198268789
Published August 2005
Oxford University Press
Price on Application
Questioning Sovereignty ISBN 9780199253302
Published October 2002
Oxford University Press
£33.99
Questioning Sovereignty ISBN 9780198268765
Published February 2000
Oxford University Press
£67.00