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Practical reason in law and morality

New York: Oxford University Press (2008)

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  1. Justifying Particular Reasoning in a Legal Context.Jingjing Wu - 2020 - Informal Logic 40 (3):423-441.
    Particular reasoning is arguably the most common type of legal reasoning. Neil MacCormick proposed that, in a legal context, justifiable particular reasoning has to be universalizable. This paper aims to: investigate MacCormick’s thesis; explain how a particular can ever be universal by drawing inspiration from Scott Brewer’s formula on reasoning by analogy; further comprehend MacCormick’s thesis by considering some of the arguments advanced by its opponents; use the ‘pilot-judgement procedure’ developed by the European Court of Human Rights as an example (...)
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  • Reconciling MacCormick: Constitutional Pluralism and the Unity of Practical Reason.Neil Walker - 2011 - Ratio Juris 24 (4):369-385.
    This article begins by assessing the ways in which the life and work of Neil MacCormick exemplified a dual commitment to the local and particular—especially through his advocacy of nationalism—and to the international and the universal. It then concentrates on one of the key tensions in his work which reflected that duality, namely the tension between his longstanding endorsement of constitutional pluralism—and so of the separate integrity of different “local” constitutional orders—and his belief in some kind of unity, and so (...)
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  • Neil MacCormick's Second Thoughts on Legal Reasoning and Legal Theory. A Defence of the Original View.Aldo Schiavello - 2011 - Ratio Juris 24 (2):140-155.
    This paper offers a diachronic reconstruction of MacCormick's theory of law and legal argumentation: In particular, two related points will be highlighted in which the difference between the perspective upheld in Legal Reasoning and Legal Theory and the later writings is particularly marked. The first point concerns MacCormick's gradual break with legal positivism, and more specifically the thesis that the implicit pretension to justice of law proves legal positivism false in all its different versions. The second point concerns MacCormick's acceptance (...)
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  • Hobbes, Holmes, and Dewey: Pragmatism and the Problem of Order.Frederic R. Kellogg - 2010 - Contemporary Pragmatism 7 (2):1-14.
    Civil wars in England and America were catalysts in forming the jurisprudential views of Thomas Hobbes and Oliver Wendell Holmes Jr. Holmes's pragmatism advances a fundamentally distinct view of order from Hobbes's analytical theory. Holmes replaced the Hobbesian analytical model of law with an endogenous model that assimilates conflict in a process of formal but communal inquiry into discrete types of dispute. Holmes rejected the analytical boundary around law in favor of a holistic fallibilism, which like Dewey's encompasses all inquiry, (...)
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