Rhetoric and The Rule of Law
A Theory of Legal Reasoning
By (author) Neil MacCormick
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Rhetoric and The Rule of Law by Neil MacCormick
Book DescriptionIs 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? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based? Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.
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Book DetailsISBN: 9780198268789
(242mm x 162mm x 23mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 28-Jul-2005
Country of Publication: United Kingdom
Books By Author Neil MacCormick
Practical Reason in Law and Morality, Paperback (April 2011)
This book offers a clear account of the philosophy of practical reason in ethics and legal theory. It explains how reasons relate to actions, the nature of values and their relation to reasons, and the relation of morality to legal reasoning. It provides an ideal introduction to these issues for students of moral philosophy and jurisprudence.
Theory of Legal Argumentation, Paperback (December 2009)
Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.
Rhetoric and the Rule of Law, Paperback (September 2009)
Can the arguments of lawyers be rationally persuasive even if logically inconclusive? If not what becomes of the supposed security of living under the rule of law? This book answers these issues by offering a theory of legal reasoning and interpretation that addresses central problems in understanding the nature of law and the value of legality.
Institutions of Law, Paperback (February 2008)» View all books by Neil MacCormick
Institutions of Law presents the definitive statement of Sir Neil MacCormick's celebrated 'institutional' theory of law, defining law as 'institutional normative order' and explaining each of these three terms in depth. It provides a fresh and engaging introduction to legal theory, ideal for students new to the subject.
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Author Biography - Neil MacCormick
Leverhulme Personal Research Professor and Regius Professor of Public Law and the Law of Nature and Nations, the University of Edinburgh QC honoris causa, England and Wales 1999 Knighthood for services to scholarship in law 2001 Royal Medal for Humanities and Social Sciences, Royal Society of Edinburgh 2004 1999-2004 he served as Member of the European Parliament
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