With a new foreword by Sanford Levison, a new appendix on Terry Shiavo, and updates on the appointment process and detainees in Guantanomo Bay, this engaging and lively text examines the relationship between law and politics and emphasizes the political importance of sound legal reasoning.

Reason in Law examines the intersection of law and politics: legal reasoning. It teaches students how to examine judicial decisions, encouraging them to become “thoughtful judges of judging.” Using cases ripped from the headlines–such as the Alabama federal courthouse “Ten Commandments” case, Ashcroft v. Oregon, and Lawrence v. Texas–authors Carter and Burke teach through illustrative examples and have assembled a gallery of fascinating cases to engage student interest. Ultimately, the text attempts to answer the question: “How can a pluralistic society be ruled legitimately?” If people of differing political allegiances can interpret the same legal text quite differently, how can the rule of law be properly applied?'

Preface 

About the Authors 

Reason in Law 

1          What Legal Reasoning Is, and Why It Matters 

An Overview of Law and Politics 

A Definition of Law 

A Definition of Legal Reasoning 

Legal Reasoning Does Not Discover the “One Right Answer.”

The Structure of Legal Reasoning.

Sources of Official Legal Texts 

The Choices That Legal Reasoning Confronts 

Illustrative Case 

Questions about the Case 

2          Change and Stability in Legal Reasoning 

Sources of Unpredictibility in Law 

The Disorderly Conduct of Words 

The Unpredictability of Precedents 

Stage One: Reasoning by Example in General 

Stage Two: Examples in Law 

Stage Three: The Three-Step Process of Reasoning by Example 

Stage Four: How Reasoning by Example Perpetuates Unpredictability in Law

Stage Five: An Illustration of Unpredictability in Law 

Stage Six: Reasoning by Example Facilitates Legal Change 

Is Unpredictability in Law Desirable? 

Vertical and Horizontal Stare Decisis: A Stabilizing and Clarifying Element in Law.

Illustrative Cases 

Questions about the Cases 

3          Common Law 

Origins of Common Law 

Reasoning by Example in Common Law 

The Cherry Tree 

The Pit 

The Diving Board 

Keeping the Common-Law Tradition Alive 

Making Common Law without Close Precedents 

Horizontal Stare Decisis in Common Law 

Rightly Adhering to Precedent Because the Need for Stability and Reliance is Present 

Wrongly Adhering to Precedent When Stability Is Unnecessary 

The Common-Law Tradition Today 

Illustrative Case 

Questions about the Case 

4          Statutory Interpretation 

What are Statutes? 

Four Misguided Approaches to “First Instance” Statutory Interpretation 

Literalism: Sticking to the Words 

The Golden Rule 

Canons of Statutory Construction 

Legislative Intent 

Other Words in the Statute 

The Expressed Intent of Individual Legislators and Committee Reports 

Other Actions, Events, and Decisions in the Legislature 

The Perils of Legislative Intent 

Purpose: The Key to Wise Statutory Interpretation

The Centrality of Statutory Purpose 

Determining Purpose: Words Can Help 

Determining Purpose: The Audience 

Determining Purpose: The Assumption of Legislative Rationality and the Uses of Legislative History

Illustrations of Statutory Purpose 

Two Easy Cases

The Case of the Lady Jurors, or Why Legislative Intent Does Not Determine Statutory Purpose 

Statutory Purpose in the Cases of Criminal Commerce: Caminetti, McBoyle, and Alpers 

A Final Complication

Stare Decisis in Statutory Interpretation 

Major League Baseball, Haviland’s Dog and Pony Show, and Government Regulation of Business

The Case against Increased Adherence to Precedent in Statutory Interpretation 

A Summary Statement of the Appropriate Judicial Approach to Statutory Interpretation

Illustrative Case 

Questions about the Case 

5          Interpreting the United States Constitution 

“The Supreme Law of the Land”

Conventional Legal Reasoning in Constitutional Interpretation 

Words as Channels of Meaning 

Original Intent and Purpose 

Stare (In)Decisis 

Judicial Review and Democratic Theory 

Theories of Judicial Self-Restraint 

Political Constraints on the Court 

The Turn to Individual Dignity 

Illustrative Case 

Questions about the Case 

6          Law and Politics 

Three Threats to the Rule of Law

    Democracy

    Attacks on Judicial Legitimacy

    National Crises

The Rule of Law as Liberal Justification 

A Recap

Impartiality and Trust 

Impartial Judgement

The Value of Impartiality

Applying the Theory 

Illustrative Case

Appendix “How Law Differs from Politics: The Case of Terry Schindler Shiavo”

Credits 

Index 

Index of Cases  '