Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Easter Closing

We will be closed between Friday 29th March and Monday 1st April for the Easter Bank Holidays, reopening at 8.30am on Tuesday 2nd April. Any orders received during this period will be processed with when we re-open.

Hide this message

Liberal Legality: A Unified Theory of Our Law


ISBN13: 9781108425452
Published: April 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £71.00
Paperback edition , ISBN13 9781108442367



Low stock.

Also available as

In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration.

He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment.

Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.

Subjects:
Jurisprudence
Contents:
1. The idea of law-like law
2. Argument in a legal system
3. Practice of legality
3.1. Instituted discourse
3.2. Entrenched pursuit
3.3. Self-conception
4. Pursuit of the rule of law
5. Aspiration and impulse
5.1. Nomological legality
5.2. Liberal commitment
5.3. Failure of legality
5.4. Dual impulse
6. Deep duality - formal law
6.1. Rawls' first view of law
6.2. A contrary view
6.3. Law-like formality: Weber
6.4. Half-right views
7. Deep duality - law's ideals
7.1. A contrary view
7.2. Law-like ideals: Dworkin
7.3. Halves of a whole
7.4. Rawls' second view of law
8. Two perils for law
8.1. Liberal law's fears
8.2. Overcoming peril
8.3. Deeper danger
8.4. What follows
9. Fear of free ideals
9.1. Warring creeds
9.2. Moral skepticism
9.3. What's feared
10. Fear of open form: 10.1. Unsure concepts
10.2. Linguistic skepticism
10.3. What's feared
11. Modern liberal practice
11.1. Practice's view of law
11.2. Two views of disorder
11.3. Implications of disorder
12. Legality recapitulated.