Rhetoric and The Rule of Law [electronic resource] : A Theory of Legal Reasoning
MacCormick, Neil.
Oxford : Oxford University Press,
2005.
When cases come before courts can we predict the outcome? Is legal reasoning rationally persuasive, working within a formal structure and using recognisable forms of arguments to produce predictable results? Or is legal reasoning mere 'rhetoric ́in the pejorative sense, open to use, and abuse, to achieve whatever ends unscrupulous politicians, lawyers and judges desire? If the latter what becomes of the supposed security of living under the rule of law?This book tackles these questions by presenting a theory of legal reasoning, developing the author's classic account given in Legal Reasoning an
Description based upon print version of record.
Cover; Title Page; Copyright Page; Preface; Acknowledgements; Contents; Table of Cases; 1. Prologue: Institutional Theory and the Lawmaker's Perspective; 2. The Rule of Law and the Arguable Character of Law; 3. On the Legal Syllogism; 4. Defending Deductivism; 5. Universals and Particulars; 6. Judging by Consequences; 7. Arguing about Interpretation; 8. Using Precedents; 9. Being Reasonable; 10. Coherence, Principles, and Analogies; 11. Legal Narratives; 12. Arguing Defeasibly; 13. Judging Mistakenly?; Index of Names; Index of Subjects; Notes
When cases come before courts can we predict the outcome? Is legal reasoning rationally persuasive, working within a formal structure and using recognisable forms of arguments to produce predictable results? Or is legal reasoning mere 'rhetoric ́in the pejorative sense, open to use, and abuse, to achieve whatever ends unscrupulous politicians, lawyers and judges desire? If the latter what becomes of the supposed security of living under the rule of law?This book tackles these questions by presenting a theory of legal reasoning, developing the author's classic account given in Legal Reasoning an
Description based on print version record.
Includes bibliographical references and index.
Law -- Methodology.
Law -- Philosophy.
Law.
Rule of law.
Law, General & Comparative
Law, Politics & Government