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Liberal Legality - A Unified Theory of our Law (Paperback)
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Liberal Legality - A Unified Theory of our Law (Paperback)
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In his new book, Lewis D. Sargentich shows how two different kinds
of legal argument - rule-based reasoning and reasoning based on
principles and policies - share a surprising kinship and serve the
same aspiration. He starts with the study of the rule of law in
life, a condition of law that serves liberty - here called liberal
legality. In pursuit of liberal legality, courts work to uphold
people's legal entitlements and to confer evenhanded legal justice.
Judges try to achieve the control of reason in law, which is
manifest in law's coherence, and to avoid forms of arbitrariness,
such as personal moral judgment. Sargentich offers a unified theory
of the diverse ways of doing law, and shows that they all arise
from the same root, which is a commitment to liberal legality.
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