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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Reasoning with Law (Hardcover)
Loot Price: R3,136
Discovery Miles 31 360
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Reasoning with Law (Hardcover)
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The reader is invited to follow a route that visits Fish's view of
theory and practice,Raz's legal reasoning thesis, theoretical
models of judicial review, Dworkin's right answer thesis, the law
of the excluded middle and Lukasiewicz's development of
three-valued logic, Wittgenstein's language games, and Moore's
metaphysical realism. The destination is the practice at the heart
of legal reasoning. It is suggested that this manifests the way in
which the limitations of language and the incompleteness of human
experience allow the opportunity for coherent development of the
law and at the same time produce an inherent incoherence within the
law. The central part of the book seeks to demonstrate how the
problems of understanding legal reasoning replicate difficulties
encountered in the philosophy of language, but challenges the
attempts that have been made to harness approaches from within that
discipline to illuminate legal reasoning. Instead it is argued that
law provides an unrivalled test-bed for examining the limits of the
capacity of our words, and that the study of law may be used to
confront in a robust and illuminating manner the limitations of
that discipline. The final chapter considers some of the
implications of recognising the incoherence at the heart of legal
reasoning, commenting on an institutional approach to law, the
legitimacy of law, legal definitions, different approaches to legal
reasoning, the role of appellate courts, the general possibility of
providing a theoretical model of law, the use of legal rules, and
the nature of law's critical aperture. The book should be of
interest to advanced undergraduate students (particularly on
jurisprudence courses), postgraduate students, academics, and
practitioners concerned to reflect on the nature of the discipline
they practice.
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