ENGLISH

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

By Neil MacCormick

Book information

Publisher
Oxford University Press
Year
2010
ISBN
9780198268789, 0198268785, 9780199571246, 0199571244
Language
english
Format
PDF
Filesize
12 MB (12090630 bytes)
Series
Law, State, and Practical Reason
Edition
Repr. 2010
Pages
287\302
Time added
2019-07-17 21:45:15
Law -- Methodology;Law -- Philosophy;Rule of law

Description

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? Neil MacCormick tackles these questions to provide a comparative analysis of legal reasoning. Institutional theory and the lawmaker's perspective -- The rule of law and the arguable character of law -- On the legal syllogism -- Defending deductivism -- Universals and particulars -- Judging by consequences -- Arguing about interpretation -- Using precedents -- Being reasonable -- Coherence, principles, and analogies -- Legal narratives -- Arguing defeasibly -- Judging mistakenly?

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