Rhetoric and The Rule of Law

ISBN-13: 9780198268789 / Angielski / Twarda / 2016 / 304 str.

Neil MacCormick

Opis

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.

Recenzje

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.

O autorze

Leverhulme Personal Research Professor and Regius Professor of Public Law and the Law of Nature and Nations, the University of Edinburgh QC honoris causa, England and Wales 1999 Knighthood for services to scholarship in law 2001 Royal Medal for Humanities and Social Sciences, Royal Society of Edinburgh 2004 1999-2004 he served as Member of the European Parliament