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New Essays on the Nature of Legal Reasoning
New Essays on the Nature of Legal Reasoning
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Description
This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning.
The volume is divided into 3 parts:
The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning.
The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning.
The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.
Table of Contents
Mark McBride (National University of Singapore) and James Penner (National University of Singapore)
PART I
GENERAL JURISPRUDENCE AND LEGAL REASONING
1. On the Relationship between Law and Legal Reasoning
Fred Schauer (University of Virginia, USA)
2. The Law of the Street
Barbara Baum Levenbook (North Carolina State University, USA)
3. Must Legal Reasons Be General?
Fábio Perin Shecaira (Federal University of Rio de Janeiro, Brazil)
4. The Factor Model and General Jurisprudence
Adam Rigoni (Arizona State University, USA)
PART II
RULES AND REASONS
5. No Reasons
Mark McBride (National University of Singapore)
6. Revisiting the Reasons Account of Precedent
Grant Lamond (University of Oxford, UK)
7. Grant Lamond's Account of Precedent: A Personal Encounter
John Horty (University of Maryland, USA)
8. How to Govern Conduct
Larry Alexander (University of San Diego, USA) and Emily Sherwin (Cornell University, USA)
9. Working with a Body of Rules: On the Nature of Doctrinal Legal Disagreement in Judge-Made Law
James Penner (National University of Singapore)
PART III
DOCTRINE AND PRACTICE
10. Thinking Like a Lawyer: An Introduction to Common Law Method
Sundram Peter Soosay (Independent Scholar)
11. How the Ideal Adversary System's Argumentative Structure Threatens Dignity
Katharina Stevens (University of Lethbridge, Canada) and Nicole Lockstadt (McMaster University, Canada)
12. Lesser Evils, Mere Permissions and Justifying Reasons in Law
Rob Mullins (University of Queensland, Australia)
13. First Among Equals: Abduction in Legal Argument from a Logocratic Point of View
Scott Brewer (Harvard University, USA)
Product details
| Published | Nov 30 2023 |
|---|---|
| Format | Paperback |
| Edition | 1st |
| Extent | 464 |
| ISBN | 9781509958801 |
| Imprint | Hart Publishing |
| Dimensions | 9 x 6 inches |
| Series | Law and Practical Reason |
| Publisher | Bloomsbury Publishing |
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