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Rhetoric and the Rule of Law: A Theory of Legal Reasoningby Neil Maccormick
Synopses & ReviewsPublisher Comments:This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers. About the Author 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
Table of Contents 1. Prologue 2. Rhetoric and the Rule of Law 3. The Legal Syllogism 4. Defending Deduction 5. Universalising Deduction 6. Judging by Consequences 7. Being Reasonable 8. Arguing About Interpretation 9. Using Precedents 10. Legal Narratives 11. Principles, Consistency and Coherence 12. Arguing Defeasibly 13. Judging Mistakenly What Our Readers Are SayingBe the first to add a comment for a chance to win!Product Details
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