Reasoning with Law
By (author) Andrew Halpin
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Reasoning with Law by Andrew Halpin
Book DescriptionThe reader is invited to follow a route that visits Fish's view of theory and practice,Raz's legal reasoning thesis, theoretical models of judicial review, Dworkin's right answer thesis, the law of the excluded middle and Lukasiewicz's development of three-valued logic, Wittgenstein's language games, and Moore's metaphysical realism. The destination is the practice at the heart of legal reasoning. It is suggested that this manifests the way in which the limitations of language and the incompleteness of human experience allow the opportunity for coherent development of the law and at the same time produce an inherent incoherence within the law. The central part of the book seeks to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language, but challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. Instead it is argued that law provides an unrivalled test-bed for examining the limits of the capacity of our words, and that the study of law may be used to confront in a robust and illuminating manner the limitations of that discipline. The final chapter considers some of the implications of recognising the incoherence at the heart of legal reasoning, commenting on an institutional approach to law, the legitimacy of law, legal definitions, different approaches to legal reasoning, the role of appellate courts, the general possibility of providing a theoretical model of law, the use of legal rules, and the nature of law's critical aperture. The book should be of interest to advanced undergraduate students (particularly on jurisprudence courses), postgraduate students, academics, and practitioners concerned to reflect on the nature of the discipline they practice.
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Book DetailsISBN: 9781841132440
(234mm x 156mm x 10mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 12-Dec-2001
Country of Publication: United Kingdom
Books By Author Andrew Halpin
Theorising the Global Legal Order, Paperback (September 2009)
This book aims to capture an exploratory approach to theorising the global legal order.
Definition in the Criminal Law, Hardback (October 2004)
This book investigates the role and scope of definition in criminal law, the nature of legal materials and the diversity of perspectives on law.
Reasoning with Law, Hardback (December 2001)
This book critically reflects on the nature of law and legal reasoning by exploring the theories of various legal theorists.
Rights and Law, Paperback (July 1997)» View all books by Andrew Halpin
This book develops the analysis of rights and focusing upon more general theoretical considerations relating to rights.
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Author Biography - Andrew Halpin
Andrew Halpin is Professor of Legal Theory in the School of Law at Swansea University.
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