Gardner on Legal Reasoning

Law and Philosophy 33 (6):747-772 (2014)

Authors
Fabio P. Shecaira
Federal University Of Rio De Janeiro
Abstract
In Chapters 2, 3 and 7 of his new book, Law as a Leap of Faith, John Gardner provides the elements of an account of legal reasoning. It is on the basis of this account that Gardner defends or supports some of the most important theses of his book, viz. theses pertaining to how law can be made, to the relation between law and morality, and to the legitimacy of judicial law-making. A central element of Gardner’s account is a distinction (suggested originally by Joseph Raz) between two forms of legal reasoning, namely, reasoning about the law and reasoning according to law. In this paper I intend to describe and evaluate Gardner’s account. Among the critical remarks that will appear in the paper is the claim that Gardner’s concept of reasoning according to law is overly inclusive
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1007/s10982-014-9206-9
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 38,984
External links

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.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Analytics

Added to PP index
2014-03-25

Total views
9 ( #661,557 of 2,319,412 )

Recent downloads (6 months)
1 ( #800,908 of 2,319,412 )

How can I increase my downloads?

Monthly downloads

My notes

Sign in to use this feature