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

— —

Neil MacCormick (Formerly Regius Professor of Public Law and the Law of Nature and Nations, the University of Edinburgh)

Rhetoric and The Rule of Law

A Theory of Legal Reasoning

Neil MacCormick (Formerly Regius Professor of Public Law and the Law of Nature and Nations, the University of Edinburgh)

$265

Hardback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Oxford OTO
01 August 2005

Social & political philosophy; Social theory; Political science & theory; Law; Jurisprudence & philosophy of law

Series: Law, State, and Practical Reason

Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments?

Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense?

Is there any reasonable certainty about legal outcomes in dispute-situations?

If not, what becomes of the Rule of Law?

Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision.

There are always problems of relevancy, classification or interpretation in relation to both facts and law.

In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases.

How is this possible?

Is legal justification at this level consequentialist in character or principled and right-based?

Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy.

Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.

By: Neil MacCormick (Formerly Regius Professor of Public Law and the Law of Nature and Nations the University of Edinburgh)
Imprint: Oxford OTO
Country of Publication: United Kingdom
Dimensions: Height: 242mm, Width: 162mm, Spine: 23mm
Weight: 608g
ISBN: 9780198268789
ISBN 10: 0198268785
Series: Law, State, and Practical Reason
Publication Date: 01 August 2005
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

Reviews for Rhetoric and The Rule of Law: A Theory of Legal Reasoning

Its erudite elegance means that it will serve as an excellent introduction to jurisprudence for undergraduates, as well as providing a major contribution to legal philosophy. MacCormick reaffirms the dialectic between the universal and the particular. James Lee, University of Birmingham, Jurisprudence