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

✍ Scribed by Neil MacCormick

Publisher: Oxford University Press
Year: 2010
Tongue: English
Leaves: 302
Series: Law, State, and Practical Reason
Edition: Repr. 2010
Category: Library

No coin nor oath required. For personal study only.

✦ Synopsis

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.

✦ Table of Contents

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?

✦ Subjects

Law -- Methodology;Law -- Philosophy;Rule of law

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