Constitutionalism and Legal Reasoning (Hardcover, 2007 ed.)

This is a search of a model for a humane law - where the cruelty ban is still in force. This book however is not intended as an utopian enterprise; the humane law which is looked for is not for the future, nor is it meant as a reform project, or as a programme for new institutions to come. Here the contention is that positive law is better understood, if it is not too easily equated with power, force, or command. Law - it is shown - is more a matter of discourse and deliberation, than of sheer decision or of power relations. Constitutionalism, legal argumentation, legal ethics - three fundamental moments of our daily experience with the law - are there to witness that this view may be right. Now a constitutional view of the law and its practice and the connected discoursive approach to legal reasoning can offer interesting solutions also to legal ethics.

General

Imprint:	Springer-Verlag New York
Country of origin:	United States
Series:	Law and Philosophy Library, 79
Release date:	April 2007
First published:	April 2007
Authors:	Massimo La Torre
Dimensions:	235 x 155 x 12mm (L x W x T)
Format:	Hardcover
Pages:	192
Edition:	2007 ed.
ISBN-13:	978-1-4020-5594-2
Categories:	Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
LSN:	1-4020-5594-3
Barcode:	9781402055942

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