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An Introduction to Legal Reasoningby E H Levi
Synopses & Reviews
In the wake of Watergate, Gerald Ford appointed eminent lawyer and scholar Edward H. Levi to the post of attorney general—and thus gave him the onerous task of restoring legitimacy to a discredited Department of Justice. Levi was famously fair-minded and free of political baggage, and his inspired addresses during this tumultuous time were critical to rebuilding national trust. They reassured a tense and troubled nation that the Department of Justice would act in accordance with the principles underlying its name, operating as a nonpartisan organization under the strict rule of law.
For Restoring Justice, Jack Fuller has carefully chosen from among Levi’s speeches a selection that sets out the attorney general’s view of the considerable challenges he faced: restoring public confidence through discussion and acts of justice, combating the corrosive skepticism of the time, and ensuring that the executive branch would behave judicially. Also included are addresses and Congressional testimonies that speak to issues that were hotly debated at the time, including electronic surveillance, executive privilege, separation of powers, antitrust enforcement, and the guidelines governing the FBI—many of which remain relevant today.
Serving at an almost unprecedentedly difficult time, Levi was among the most admired attorney generals of the modern era. Published here for the first time, the speeches in Restoring Justice offer a superb sense of the man and his work.
Originally published in 1949, An Introduction to Legal Reasoning is widely acknowledged as a classic text. As its opening sentence states, “This is an attempt to describe generally the process of legal reasoning in the field of case law and in the interpretation of statutes and of the Constitution.” In elegant and lucid prose, Edward H. Levi does just that in a concise manner, providing an intellectual foundation for generations of students as well as general readers.
For this edition, the book includes a substantial new foreword by leading contemporary legal scholar Frederick Schauer that helpfully places this foundational book into its historical and legal contexts, explaining its continuing value and relevance to understanding the role of analogical reasoning in the law. This volume will continue to be of great value to students of logic, ethics, and political philosophy, as well as to members of the legal profession and everyone concerned with problems of government and jurisprudence.
This volume will be of interest and value to students of logic, ethics, and political philosophy, as well as to members of the legal profession and to everyone concerned with problems of government and jurisprudence. By citing a large number of cases, the author makes his presentation of the processes of judicial interpretation particularly lucid.
About the Author
Edward H. Levi (1911-2000) was the Glen A. Lloyd Distinguished Service Professor Emeritus in the College and the Law School of the University of Chicago.
Table of Contents
A Note on the Text
A Note on the Text
Chapter 1. A Crisis of Legitimacy
A Great Trust Waiting to be Reawakened
Security, Power and Equality
The Damaging Cycle
A Burden of Mistrust
Leading the Camel
Chapter 2. The Constitution and the Idea of Law
An Approach to Law
In the Service of the Republic
A Lawyer among Humanists
The Rule of Law
A Period of Agony and Triumph
Giving Bigotry No Sanction
The Tone of Our Asking
A Constitution Born in Doubt
The Infinite Task
Chapter 3. Governing by Discussion
Government Basic Rights and the Citizenry
The Legal Framework for Electronic Surveillance
A Proposed National Security Surveillance Statute
Government Confidentiality and Individual Privacy
Some Aspects of Separation of Powers
The Ideal of Political and Economic Democracy
Guidelines for the FBI
Appendix: FBI Guidelines of Domestic Security Investigation
What Our Readers Are Saying
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