Rhetoric and the Rule of Law
The Proceedings of the Twentieth World Congress of Philosophy 11:51-67 (2001)
| Abstract | The thesis that propositions of law are intrinsically arguable is opposed by the antithesis that the Rule of Law is valued for the sake of legal certainty. The synthesis considers the insights of theories of rhetoric and proceduralist theories of practical reason, then locates the problem of indeterminacy of law in the context of the challengeable character of governmental action under free governments. This is not incompatible with, but required by the Rule of Law, which is misstated as securing legal certainty. Defeasible certainty is the most that is desirable or achievable | |||||||||
| Keywords | No keywords specified (fix it) | |||||||||
| Categories | ||||||||||
| Options |
|
|||||||||
Download options| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,672 |
| External links |
 |
| Through your library | Configure |
Similar books and articlesNeil MacCormick (2005). Rhetoric and the Rule of Law: A Theory of Legal Reasoning. Oxford University Press.
Carolyn Benson & Julian Fink (2012). Introduction: New Perspectives on Nazi Law. Jurisprudence 3 (2):341-346.
Teemu Ruskola (2013). Legal Orientalism: China, the United States, and Modern Law. Harvard University Press.
Peter Rijpkema (forthcoming). The Rule of Law Beyond Thick and Thin. Law and Philosophy.
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.
James Fleming (ed.) (2011). Getting to the Rule of Law. New York University Press.
Aleksander Peczenik (2000). Scientia Iuris - an Unsolved Philosophical Problem. Ethical Theory and Moral Practice 3 (3):273-302.
Evan Fox-Decent (2008). Is the Rule of Law Really Indifferent to Human Rights? Law and Philosophy 27 (6):533 - 581.
Matthew H. Kramer (2007). Objectivity and the Rule of Law. Cambridge University Press.
John Gardner (2012). Law as a Leap of Faith: Essays on Law in General. Oxford University Press.
Analytics
Monthly downloads |
Added to index2012-03-18Total downloads10 ( #106,238 of 549,070 )Recent downloads (6 months)2 ( #37,252 of 549,070 )How can I increase my downloads? |
My notes
Discussion
