Legal reasoning, legal theory, and rights

by Martin P. Golding

Publisher: Ashgate in Aldershot, Hants, England, Burlington, VT

Written in English
Published: Downloads: 998
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Subjects:

  • Law -- United States -- Methodology,
  • Law -- United States -- Interpretation and construction,
  • Law -- United States -- Philosophy,
  • Judicial process -- United States,
  • Law -- Methodology,
  • Law -- Philosophy

Edition Notes

Includes index.

Statementby Martin P. Golding.
SeriesCollected essays in law
Classifications
LC ClassificationsKF380 .G65 2007
The Physical Object
Paginationp. cm.
ID Numbers
Open LibraryOL17901951M
ISBN 109780754626695
LC Control Number2007016796

This introduction provides an overview of the substance of the book – together with its aims – and, in particular, the approaches that will be adopted. It discusses in some depth a diachronic approach as contrasted with a synchronic approach and then goes on to discuss briefly the various frameworks within which legal reasoning is to be :// Page Thus, the author points out a critical feature of legal reasoning: "Legal rules characteristically require interpretation, which is an important part of legal reasoning." id. I recommend this book for honing those much needed skills in the practice of law and recommend that it be read slowly, not  › Books › Law › Law Practice. ‘In this useful and timely book Geoffrey Samuel offers to his readers a new understanding of the rich complexity of legal reasoning – an understanding that has sometimes been lacking in accounts of law written from a single perspective. Professor Samuel has made excellent use of his wide and deep knowledge of Roman law, of English legal history, of modern English law and of medieval and This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen´s Dilemma, the Rhetor´s Dilemma, the theory of legal fictions, and the categorization of ://

Vincent Luizzi; LEGAL REASONING AND LEGAL THEORY. By Neil MacCormick. Oxford: Clarendon Press. , The American Journal of Jurisprudence, Vol Issue 1, A Dialogical Theory of Legal Discussions:Pragma-Dialectical Analysis and Evaluation of Legalargumentation. Eveline T. Feteris - - Artificial Intelligence and Law 8 () Interpretation and Coherence in Legal :// About Moral Conflict and Legal Reasoning. Winner of the European Award for Legal Theory European Academy of Legal Theory Monograph Series This book sets the significance of moral conflict as a core concern for contemporary theorising about law and legal reasoning. It asks whether liberal legal structures can adequately deal with moral conflict,or whether they fall prey to intellectual and   LEGAL REASONING AND LEGAL THEORY. Patricia.D. White* LEGAL REASONING AND LEGAL THEORY. By. Neil MacCormick. Oxford: Oxford University Press. Pp. xi, $ There are at least two reasons why any book on the philosophy of law that seeks to interest both nonlawyer philosophers and?article=&context=mlr.

This book is about legal theory and legal reasoning. In particular,it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard: law is institutional, and legal reasoning is See Ashley, Kevin D., Reasoning with Cases and Hypotheticals in HYPO, 34 Int'l J. Man-Machine Stud. (); Horty, John F., Rules and Reasons in the Theory of Precedent, 17 Legal Theory 1 (); Lamond, Do Precedents, supra note The fifth edition continues the tradition of providing the most latest and effective content on Legal Awareness and Legal Reasoning. Designed as per the latest trend and pattern of questions the book provides a balanced coverage of both theory and practice. The topical coverage includes: * Legal Terms * Maxims and Constitutional Law * Summary on Indian Constitution * Fundamental Rights Apart

Legal reasoning, legal theory, and rights by Martin P. Golding Download PDF EPUB FB2

This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of This book is a selection of articles and chapters published over Martin Golding's academic career.

Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume and rights book issues in legal reasoning are examined, and various theories of law are critically discussed.

Legal reasoning questions are dealt with regarding the rule of law and criminal law   Legal Reasoning, Legal Theory and Rights by Martin P. Golding,available at Book Depository with free delivery :// Legal reasoning, legal theory, and rights. [Martin P Golding] Home. WorldCat Home About WorldCat Help.

Search. Search for Library Items Search for Lists Search for Book, Internet Resource: All Authors / Contributors: Martin P Golding. Find more and rights book about: ISBN: What makes an argument in a law case good or bad.

Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences. These questions are central to the study legal theory jurisprudence, and are critically examined in this ://:oso/ Buy Legal Reasoning and Legal Theory (Clarendon Law Series) New Ed by MacCormick, Neil (ISBN: ) from Amazon's Book Store.

Everyday low prices and free delivery on eligible :// A theory of legal reasoning requires and is required by a theory of law. It also recognizes that Dworkin's critique of positivists for having concentrated to excess on one type of legal standards, legal rules, makes a very palpable hit.

The principles interact with the rules, underpin them, hedge them in, qualify them, justify the enunciation of new rulings as tested out by consequentialist :oso/   Book Review LEGAL REASONING AND LEGAL THEORY.

NEIL MACCORMICK. Ox-ford: Clarendon Press. xi, There sometimes emerges a legal text whose objects are so successfully achieved, and whose usefulness to the reader's understanding of the judicial process is so remarkable, that the unaccustomed reviewer's natural trepidation?article=&context=ohlj.

The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical ://   This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective.

The main forms of legal reasoning and argumentation are covered in an exhaustive and   MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature.

Now available in paperback, and with a new foreword by the author, this popular book will continue to be of use to students and teachers of law, legal theory, and  › Books › Law › Legal Theory & Systems.

Legal Reasoning and Legal Theory book. Read reviews from world’s largest community for readers. Since its first appearance inthis work has establi   DEDUCTION, LEGAL REASONING, AND THERULEOFLAW RHETORIC AND THE RULE OF LAW. A THEORY OF LEGAL REASONING. By Neil MacCormick.1 Oxford: Oxford University Press, Pp.

xvi + $ Torben Spaak2 I. INTRODUCTION Neil Mac Cormick first put forward his thoughts on legal reasoning in a book entitled Legal Reasoning and Legal Theory?article=&context=concomm. He is author of ten books (among which, Legal Reasoning: A Cognitive Approach to the Law, Springer, and Artificial Intelligence in Law, Tano, ) and has published widely in legal philosophy and legal theory, legal informatics (artificial intelligence and law),  › Philosophy › Philosophy of Law.

These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword.

Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical :// Levi really simplifies the "science of legal reasoning" in a nice easy to remember mantra of "reasoning by example".

He tracks the development of case law, statutory interpretation, and constitutional law through this theory and provides a nice foundation for attacking legal Legal realists such as Roscoe Pound (–), Wesley Hohfeld () and Justice Oliver Wendell Holmes (–) considered that legislative interpretation and precedent seldom determined legal disputes.

Judges interpret the law to achieve what they believe is mandated by social justice (legal Balancing is an indispensable instrument of legal reasoning, both with respect to the interpretation and application of basic and human rights and to numerous other fields of law.

However, the objectivity, rationality, and legitimacy of this method are now being ://   legal reasoning and legal theory clarendon law series Posted By Danielle Steel Ltd TEXT ID db Online PDF Ebook Epub Library bibliographical references and indexes errata slip inserted series clarendon law series classifications dewey decimal class library of congress k m28 the physical   Neil MacCormick has deeply influenced contemporary legal theory.

The importance of his studies on practical reasoning in general and on legal reasoning and legal argumentation in particular, on legal institutionalism, on sovereignty, on the theory of rights and   legal reasoning and legal theory clarendon law series Posted By John Creasey Media Publishing TEXT ID e Online PDF Ebook Epub Library publication clarendon law series since its first appearance in this work has established itself as a classic of legal philosophy now available in paperback and with a This becomes clearer as the focus of the book shifts from the institutional nature of law to the consequences of this for legal reasoning, and which is the principal focus of the book.

The author received the European Academy of Legal Theory award in for the doctoral dissertation on which this work was :// The book attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and :// ‘This excellent book pursues the author’s relentless ontological and epistemological project of thinking (and rethinking) legal reasoning, with a view to showing the relevance of law for the social sciences and the humanities: there is more indeed to law as a discipline than description of, and reasoning about, rules!’ – Horatia Muir Watt, École de Droit, Sciences-Po, France Since its first appearance inthis work has established itself as a classic of legal philosophy.

This study focuses on current jurisprudential debate between the positivist views of Herbert Hart and the rights thesis of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's.

It stands firmly on its own as a contribution to an extensive ISBN: OCLC Number: Description: ix, pages ; 24 cm. Contents: Legal theory, legal interpretation, and judicial review / David O.

Brink --The ethical basis of legal criticism / Felix Cohen --Law as interpretation / Ronald Dworkin --Natural law and legal reasoning / John Finnis --Principled decision-making and the Supreme Court / M First, that the legal notion of an ‘interest’ might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable ‘epistemological attitude’ for understanding, if not rethinking, reasoning in law.

This book will be of great interest to academics who are researching legal   legal reasoning and legal theory clarendon law series Posted By Irving Wallace Ltd TEXT ID db Online PDF Ebook Epub Library primarily amazonin buy legal reasoning and legal theory clarendon law series book online at best prices in india on amazonin read legal reasoning and legal theory Grigoris Antoniou, Kewen Wang, in Handbook of the History of Logic, 6 Conclusion.

Default Logic is an important method of knowledge representation and reasoning, because it supports reasoning with incomplete information, and because defaults can be found naturally in many application domains, such as diagnostic problems, information retrieval, legal reasoning, regulations, specifications Martin P.

Golding is Professor of Philosophy and Professor of Law at Duke University, where he directs the joint law-philosophy program. His books include Philosophy of Law (), Legal Reasoning (), and Free Speech on Campus (). He is also editor of Jewish Law and Legal Theory (). William A.

Edmundson is Professor of Law and of Philosophy at Georgia State ://. ‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology).Legal theory was perhaps the most determinative manifestation of this Synthesis which, in its final stages, emerged around the middle of the fourth/tenth century.

This, needless to say, is precisely the period that witnessed the elaboration of the first complete system of legal theory. It is not easy, however, to reconstruct this system from This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin.

From inside the book. What people are saying - Write a Other editions - View all. Legal Reasoning and Legal Theory Neil MacCormick Limited preview - Legal Reasoning and Legal Theory Neil