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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Reasoning in Ethics and Law

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ISBN13: 9780754610458
ISBN: 0754610454
Published: April 2001
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: £95.00

Legal and moral reasoning share much methodology and address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between ""theory"" and ""practice"" and between ""principle"" and ""particular judgment"" has become the subject of much debate in moral philosopy. In the ongoing debate, some moral philosophers refer to leal philosophy for a support of their views on the primacy of ""practice"" over ""theory"". According to them, legal philosophy should have a more balanced view in that relation. In the contributions to part one of the book, this claim is critically analyzed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. The book's focus on the role of facts in normative reasoning should make it of particular interest to scholars of legal and moral argumentation.

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Part 1 Theory, principle, judgement: general and particular considerations in applied ethics, Govert den Hartogh; guidance by moral rules, guidance by moral precedents, Theo van Willigenburg; set a sprat to catch a whale - the structure, strength and function of analogical inferences, Henri Wijsbek; the reconstruction of legal analogy-argumentation - monological and dialogical approaches, Harm Kloosterhuis.
Part 2 Facts, judgements, theories: the role of facts in legal reasoning, H.J.M. Boukema; parallels between science and ethics, Wim J. van der Steen; what is truth? - incest and narrative coherence in law, C.W. Maris; empirical science and ethical theory - the case of informed consent, Albert W. Musschenga.