Rhetoric and the Rule of Law: A Theory of Legal Reasoning

Oxford University Press (2005)
Abstract
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
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Reprint years 2009
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Call number K213.M284 2005
ISBN(s) 0199571244   9780198268789   9780199571246
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Legal Justification by Optimal Coherence.Amalia Amaya - 2011 - Ratio Juris 24 (3):304-329.
On the Entanglement of Coherence.Stephen Pethick - 2014 - Ratio Juris 27 (1):116-137.

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