Rhetoric And The Rule Of Law

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Rhetoric and The Rule of Law

Neil MacCormick
Rhetoric and The Rule of Law Book PDF

Author : Neil MacCormick
Publisher : OUP Oxford
Page : 304 pages
File Size : 54,8 Mb
Release : 2005-07-28
Category : Law
ISBN : 9780191018787

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Rhetoric and The Rule of Law by Neil MacCormick Pdf

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'.

Legal Reasoning

Melvin A. Eisenberg
Legal Reasoning Book PDF

Author : Melvin A. Eisenberg
Publisher : Cambridge University Press
Page : 194 pages
File Size : 50,8 Mb
Release : 2022-09-29
Category : Law
ISBN : 9781009192767

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Legal Reasoning by Melvin A. Eisenberg Pdf

The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.

Justice Scalia

Brian G. Slocum,Francis J. Mootz III
Justice Scalia Book PDF

Author : Brian G. Slocum,Francis J. Mootz III
Publisher : University of Chicago Press
Page : 268 pages
File Size : 44,6 Mb
Release : 2019-03-06
Category : Law
ISBN : 9780226601823

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Justice Scalia by Brian G. Slocum,Francis J. Mootz III Pdf

Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

Justice Scalia

Brian G. Slocum,Francis J. Mootz III
Justice Scalia Book PDF

Author : Brian G. Slocum,Francis J. Mootz III
Publisher : University of Chicago Press
Page : 268 pages
File Size : 52,6 Mb
Release : 2019-03-06
Category : Law
ISBN : 9780226601793

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Justice Scalia by Brian G. Slocum,Francis J. Mootz III Pdf

Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

The Rhetoric of Law

Austin Sarat,Thomas R. Kearns
The Rhetoric of Law Book PDF

Author : Austin Sarat,Thomas R. Kearns
Publisher : University of Michigan Press
Page : 354 pages
File Size : 43,8 Mb
Release : 1996-01-23
Category : Language Arts & Disciplines
ISBN : 0472083864

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The Rhetoric of Law by Austin Sarat,Thomas R. Kearns Pdf

DIVAn interdisciplinary critique of the relationship between words and the law /div

Legal Reasoning and Legal Theory

Neil MacCormick
Legal Reasoning and Legal Theory Book PDF

Author : Neil MacCormick
Publisher : Clarendon Press
Page : 322 pages
File Size : 52,8 Mb
Release : 1994-08-11
Category : Law
ISBN : 9780191018596

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Legal Reasoning and Legal Theory by Neil MacCormick Pdf

What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.

Character Evidence in the Courts of Classical Athens

Vasileios Adamidis
Character Evidence in the Courts of Classical Athens Book PDF

Author : Vasileios Adamidis
Publisher : Taylor & Francis
Page : 236 pages
File Size : 46,6 Mb
Release : 2016-11-25
Category : History
ISBN : 9781317168430

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Character Evidence in the Courts of Classical Athens by Vasileios Adamidis Pdf

There has been much debate in scholarship over the factors determining the outcome of legal hearings in classical Athens. Specifically, there is divergence regarding the extent to which judicial panels were influenced by non-legal considerations in addition to, or even instead of, questions of law. Ancient rhetorical theory and practice devoted much attention to character and it is this aspect of Athenian law which forms the focus of this book. Close analysis of the dispute-resolution passages in ancient Greek literature reveals striking similarities with the rhetoric of litigants in the Athenian courts and thus helps to shed light on the function of the courts and the fundamental nature of Athenian law. The widespread use of character evidence in every aspect of argumentation can be traced to the Greek ideas of ‘character’ and ‘personality’, the inductive method of reasoning, and the social, political and institutional structures of the ancient Greek polis. According to the author’s proposed method of interpretation, character evidence was not a means of diverting the jury’s attention away from the legal issues; instead, it was a constructive and relevant way of developing a legal argument.

Rhetoric for Legal Writers

Kristen Konrad Tiscione
Rhetoric for Legal Writers Book PDF

Author : Kristen Konrad Tiscione
Publisher : West Academic Publishing
Page : 404 pages
File Size : 47,9 Mb
Release : 2009
Category : English language
ISBN : STANFORD:36105134446439

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Rhetoric for Legal Writers by Kristen Konrad Tiscione Pdf

This new book is intended for use by writing professors who want to inject more substance into their first-year legal research and writing course, as well as advanced legal writing students and upper-class students taking a seminar on rhetoric. The book is divided into two main sections: The first section examines rhetorical theory and its impact on legal argument from the time of ancient Greece to date. The second section, organized by the canons of classical rhetoric, discusses practical applications of rhetorical theory to the specific task of learning to think and write like a lawyer in the twenty-first century. By fusing theory and practice, a legal writer acquires depth-the ability to analyze an issue effectively using all available resources-as well as breadth-the ability to transfer her talent from one context to another. Each chapter includes questions for consideration by the students as well as samples exercises and suggested answers.

Law's Stories

Peter Brooks,Paul Gewirtz
Law s Stories Book PDF

Author : Peter Brooks,Paul Gewirtz
Publisher : Yale University Press
Page : 316 pages
File Size : 52,7 Mb
Release : 1996-01-01
Category : Law
ISBN : 0300146299

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Law's Stories by Peter Brooks,Paul Gewirtz Pdf

The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.

The Cambridge Companion to the Rule of Law

Jens Meierhenrich,Martin Loughlin
The Cambridge Companion to the Rule of Law Book PDF

Author : Jens Meierhenrich,Martin Loughlin
Publisher : Cambridge University Press
Page : 715 pages
File Size : 55,5 Mb
Release : 2021-08-12
Category : History
ISBN : 9781316512135

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The Cambridge Companion to the Rule of Law by Jens Meierhenrich,Martin Loughlin Pdf

Introduces students, scholars, and practitioners to the theory and history of the rule of law.

Heracles' Bow

James Boyd White
Heracles Bow Book PDF

Author : James Boyd White
Publisher : Univ of Wisconsin Press
Page : 274 pages
File Size : 41,9 Mb
Release : 1985
Category : Language Arts & Disciplines
ISBN : 0299104141

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Heracles' Bow by James Boyd White Pdf

The law has traditionally been regarded as a set of rules and institutions. In this thoughtful series of essays, James Boyd White urges a fresh view of the law as an essentially literary, rhetorical, and ethical activity. Defining and elaborating his conception, he artfully bridges the fields of jurisprudence, literature, philosophy, history, and political science. The result, a new approach that may change the way we perceive the legal process, will engage not only lawyers and law students but anyone interested in the relationship between ethics, persuasion, and community. White's essays, though bound by a common perspective, are thematically varied. Each of these pieces makes eloquent and insightful reading. Taken as a whole, they establish, by triangulation, a position from which they all proceed: a view of poetry, law, and rhetoric as essentially synonymous. Only when we perceive the links between these processes, White stresses, can we begin to unite the concerns of truth, beauty, and justice in a single field of action and expression.

Punishment

Christopher Harding,Richard W. Ireland
Punishment Book PDF

Author : Christopher Harding,Richard W. Ireland
Publisher : Taylor & Francis
Page : 207 pages
File Size : 54,8 Mb
Release : 2022-09-01
Category : Law
ISBN : 9781000655841

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Punishment by Christopher Harding,Richard W. Ireland Pdf

First published in 1989, Punishment examines the practice of punishment, not simply as a typical sanction employed by the state but as a pervasive feature of social organisation in both past and contemporary societies. With depth and rigour, they consider penal practice in a variety of historical and cultural contexts, such as the family, kinship and tribal groupings, small communities, educational institutions, the workplace and the commercial environment, criminal organisations, and the wider international community, as well as that of the state. In this way they widen the scope of the debate about the use of punishment as an instrument of human organisation, presenting different perspectives on the phenomenon of punishment and questioning the boundaries between different disciplines – juridical, philosophical, sociological, psychological and historical – within which the subject has been considered in the past. This book will be of interest to students and teachers of history, sociology, criminology, law, philosophy and psychology.

Philosophy of Law: A Very Short Introduction

Raymond Wacks
Philosophy of Law A Very Short Introduction Book PDF

Author : Raymond Wacks
Publisher : OUP Oxford
Page : 152 pages
File Size : 48,7 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191510649

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Philosophy of Law: A Very Short Introduction by Raymond Wacks Pdf

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Law, Rhetoric and Irony in the Formation of Canadian Civil Culture

Michael Dorland,Maurice René Charland
Law Rhetoric and Irony in the Formation of Canadian Civil Culture Book PDF

Author : Michael Dorland,Maurice René Charland
Publisher : University of Toronto Press
Page : 378 pages
File Size : 54,9 Mb
Release : 2002-01-01
Category : Political Science
ISBN : 0802081193

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Law, Rhetoric and Irony in the Formation of Canadian Civil Culture by Michael Dorland,Maurice René Charland Pdf

In Rhetoric, Irony, and Law in the Formation of Canadian Civil Culture, Michael Dorland and Maurice Charland examine how, over the roughly 400-year period since the encounter of First Peoples with Europeans in North America, rhetorical or discursive fields took form in politics and constitution-making, in the formation of a public sphere, and in education and language. The study looks at how these fields changed over time within the French regime, the British regime, and in Canada since 1867, and how they converged through trial and error into a Canadian civil culture. The authors establish a triangulation of fields of discourse formed by law (as a technical discourse system), rhetoric (as a public discourse system), and irony (as a means of accessing the public realm as the key pillars upon which a civil culture in Canada took form) in order to scrutinize the process of creating a civil culture. By presenting case studies ranging from the legal implications of the transition from French to English law to the continued importance of the Louis Riel case and trial, the authors provide detailed analyses of how communication practices form a common institutional culture. As scholars of communication and rhetoric, Dorland and Charland have written a challenging examination of the history of Canadian governance and the central role played by legal and other discourses in the formation of civil culture.

Rhetorical Processes and Legal Judgments

Austin Sarat
Rhetorical Processes and Legal Judgments Book PDF

Author : Austin Sarat
Publisher : Cambridge University Press
Page : 159 pages
File Size : 49,8 Mb
Release : 2016-09
Category : Law
ISBN : 9781107155503

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Rhetorical Processes and Legal Judgments by Austin Sarat Pdf

This detailed analysis offers new perspectives on rhetoric and law from distinguished scholars.