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Reasoning with Law

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Andrew HalpinReader in Legal Theory, Southampton University

ISBN13: 9781841132440
ISBN: 1841132446
Published: December 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £33.00
Hardback edition , ISBN13 9781841130705



Despatched in 4 to 6 days.

The central aim of this book is an attempt to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. At the same time it challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. An introductory section deals with some preliminary matters in considering the nature of the relationship between legal theory and the practice of law, the scope of legal reasoning, and the role of the judge. Then the suggestion is made that the practice at the heart of legal reasoning is itself a manifestation of the way in which the limitations of language and the incompleteness of human experience at the same time provide the opportunity for coherent development as well as displaying an inherent instability. The final section considers some of the implications of this suggestion for the practice of legal definition, an institutional approach to law, the general possibility of providing a theoretical model of law, and the nature of law's critical aperture.

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Subjects:
Jurisprudence
Contents:
Part 1 Preliminary studies: law, theory and practice - conflicting perspectives?; law, autonomy and reason; a study on the judicial role; excluded middles, right answers and vagueness.
Part 2 Reasoning with law: the uses of words; some themes from Wittgenstein's ""Philosophical investigations""; an annex on realism; words and concepts; implications.