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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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Legal Rules and Legal Reasoning

ISBN13: 9780754620044
ISBN: 0754620042
Published: November 2001
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

This collection of essays brings together Larry Alexander's key works on rules and legal reasoning. Topics covered include precedent, analogical reasoning, Dworkinian ""principles"" and interpretation. An introduction explains the thrust and significance of Alexander's work.

Part 1 Legal rules and indirect consequentialism: pursuing the good - indirectly; law and exclusionary reasons.
Part 2 The dilemma of rule-following: the gap; the deceptive nature of rules; can law survive the asymmetry of authority?.
Part 3 Rules and legal reasoning: precedent - constrained by precedent, precedent; analogy - bad beginnings, the banality of legal reasoning; legal principles - striking back at the empire a brief survey of problems in Dworkin's theory of law, against legal principles, replies to our critics; interpretation - practical reason and statutory interpretation, all or nothing at all? the intentions of authorities and the authority of intentions.
Part 4 Rules and constitutionalism: the constitution as law; originalism, or who is Fred?; constitutional tragedies and giving refuge to the devil.