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.
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Introduction 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)
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Bringing together esteemed philosophers and more junior scholars, this volume critically assesses the nature of legal reasoning across general jurisprudence, rules and reasons, and doctrine and practice.
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A new addition to the Law and Practical Reason series
Stimulating works that address fundamental issues in legal philosophy. The intention of this series is that it should encompass monographs and collections of essays that address the fundamental issues in legal philosophy. The foci are conceptual and normative in character, not empirical. Studies addressing the idea of law as a species of practical reason are especially welcome. Recognizing that there is no occasion to sharply distinguish analytic and systematic work in the field from historico-critical research, the editors also welcome studies in the history of legal philosophy. Contributions to the series, inevitably crossing disciplinary lines, will be of interest to students and professionals in moral, political, and legal philosophy. Advisory Board Prof Robert Alexy (Kiel) Prof Samantha Besson (Fribourg, CH) Prof Emilios Christodoulidis (Glasgow) Prof Sean Coyle (University of Birmingham) Prof Mattias Kumm (New York) Prof Stanley Paulson (St. Louis and Kiel) Prof Arthur Ripstein (Toronto) Prof Scott Shapiro (Yale Law School) Prof Victor Tadros (Warwick) Previous members of the Advisory Board: Neil MacCormick + Joseph Raz + Cover art by Jane Couroussopoulos: www.janepaint.com
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Produktdetaljer

ISBN
9781509958801
Publisert
2023-11-30
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
464

Biographical note

Mark McBride is Assistant Professor and James Penner is Professor, both at the National University of Singapore.