Rhetoric and the Rule of Law: A Theory of Legal Reasoning
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Oxford University Press (2005)
This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers.
|Keywords||Law Methodology Law Philosophy Rule of law|
|Categories||categorize this paper)|
|Buy the book||$30.00 used (34% off) $35.64 new (21% off) $41.72 direct from Amazon (8% off) Amazon page|
|Call number||K213.M284 2005|
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
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.
Amalia Amaya (2011). Legal Justification by Optimal Coherence. Ratio Juris 24 (3):304-329.
Neil Walker (2011). Reconciling MacCormick: Constitutional Pluralism and the Unity of Practical Reason. Ratio Juris 24 (4):369-385.
David Duarte (2011). Linguistic Objectivity in Norm Sentences: Alternatives in Literal Meaning. Ratio Juris 24 (2):112-139.
Paul van den Hoven (2011). The Unchangeable Judicial Formats. Argumentation 25 (4):499-511.
Similar books and articles
Colleen Murphy (2005). Lon Fuller and the Moral Value of the Rule of Law. Law and Philosophy 24 (3):239-262.
James Lee (2010). MacCormick's Jurisprudence Determined. Jurisprudence 1 (1):105-119.
Scott Shapiro (2011). Legality. Harvard University Press.
James R. Maxeiner, The Rules of Law in the Reform of Legal Education: Teaching the Legal Mind in Japanese Law Schools.
Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.
David T. Ritchie (2008). Mastering Legal Analysis and Communication. Carolina Academic Press.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
Sorry, there are not enough data points to plot this chart.
Added to index2009-01-28
Recent downloads (6 months)0
How can I increase my downloads?