Originally published in 1968. This is a critical study of the
concept of 'rule' featuring in law, ethics and much philosophical
analysis which the author uses to investigate the concept of
'rationality'. The author indicates in what manner the modes of
reasoning involved in reliance upon rules are unique and in what
fashion they provide an alternative both to the modes of
logico-mathematical reasoning and to the modes of scientific
reasoning. This prepares the groundwork for a methodology meeting
the requirements of the fields using rules such as law and ethics
which could be significant for communications theory and the use of
computers in normative fields. Other substantive issues related to
the mainstream of legal philosophy are discussed - theories of
interpretation, the notion of purpose and the requirements of
principled decision-making. The book utilizes examples drawn from
English and American legal decisions to suggest how the positions
of legal positivism and of natural law are equally artificial and
misleading.
General
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