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Vol 21 No 11 Nov/Dec 2016

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Rhetoric and The Rule of Law: A Theory of Legal Reasoning


ISBN13: 9780198268789
ISBN: 0198268785
Published: August 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Price on Application
Paperback edition , ISBN13 9780199571246



Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law?

Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision.

There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based?

Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.

Subjects:
Jurisprudence

Series: Law, State, and Practical Reason

Practical Reason in Law and Morality ISBN 9780199693467
Published April 2011
Oxford University Press
£25.49
Rhetoric and The Rule of Law: A Theory of Legal Reasoning (eBook) ISBN 9780191018787
Published September 2009
Oxford University Press
£23.32 + £4.66 VAT
(ePub)
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Rhetoric and The Rule of Law: A Theory of Legal Reasoning ISBN 9780199571246
Published September 2009
Oxford University Press
£29.49
Practical Reason in Law and Morality (eBook) ISBN 9780191021473
Published January 2009
Oxford University Press
£21.24 + £4.25 VAT
(ePub)
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Practical Reason in Law and Morality ISBN 9780198268772
Published January 2009
Oxford University Press
£59.00
Institutions of Law: An Essay in Legal Theory (eBook) ISBN 9780191021756
Published February 2008
Oxford University Press
£21.66 + £4.33 VAT
(ePub)
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Institutions of Law: An Essay in Legal Theory ISBN 9780199535439
Published February 2008
Oxford University Press
£27.49
Institutions of Law: Law, State and Practical Reason ISBN 9780198267911
Published January 2007
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