Graduate studies at Western
Jurisprudence 1 (1):105-119 (2010)
|Abstract||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|
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