David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Jurisprudence 1 (1):105-119 (2010)
This review examines the final three books in the late Professor Sir Neil MacCormick's series "Law, State and Practical Reason": Rhetoric and the Rule of Law; Institutions of Law: An Essay in Legal Theory; and Practical Reason in Law and Morality . The books represent a monumental accomplishment, providing a restatement of his positions in jurisprudence, while embracing and confronting a remarkable range of traditions and philosophical approaches. Advancing what he terms a "post-positivistic view of law". MacCormick provides "a substantial reworking of ideas [he had] developed over the years". The aim here is to adumbrate and reflect upon some of the themes in the books, with a view to demonstrating the significant and serious contribution which they make to contemporary jurisprudence. Since various themes permeate the books, these are considered broadly in order of the book in which they appear. In particular, such an approach enables us to trace the progression of MacCormick's theory since the publication of his seminal Legal Reasoning and Legal Theory . It is argued that, in many respects, the process can be considered to be one of radical evolution
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
Scott Veitch, Emilios A. Christodoulidis & Lindsay Farmer (eds.) (2007). Jurisprudence: Themes and Concepts. Routledge-Cavendish.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
Neil MacCormick (1982/1984). Legal Right and Social Democracy: Essays in Legal and Political Philosophy. Oxford University Press.
Neil MacCormick (2005). Rhetoric and the Rule of Law: A Theory of Legal Reasoning. Oxford University Press.
Neil MacCormick (1978). Legal Reasoning and Legal Theory. Oxford University Press.
Aldo Schiavello (2011). Neil MacCormick's Second Thoughts on Legal Reasoning and Legal Theory. A Defence of the Original View. Ratio Juris 24 (2):140-155.
Cristobal Orrego (2010). Autonomy Within the Limits of Sympathy: A Comment on Neil MacCormick's Practical Reason in Law and Morality. Jurisprudence 1 (1):137-146.
Stefan Sciaraffa (2010). The Underlying Value of MacCormick's Post-Positivism. Jurisprudence 1 (1):121-136.
Added to index2010-08-16
Total downloads30 ( #83,162 of 1,696,625 )
Recent downloads (6 months)6 ( #95,357 of 1,696,625 )
How can I increase my downloads?