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Rhetoric and The Rule of Law - A Theory of Legal Reasoning (Paperback)
Loot Price: R1,568
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Rhetoric and The Rule of Law - A Theory of Legal Reasoning (Paperback)
Series: Law, State, and Practical Reason
Expected to ship within 12 - 17 working days
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Total price: R1,588
Discovery Miles: 15 880
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When cases come before courts can we predict the outcome? Is legal
reasoning rationally persuasive, working within a formal structure
and using recognizable forms of arguments to produce predictable
results? Or is legal reasoning mere "rhetoric" in the pejorative
sense, open to use, and abuse, to achieve whatever ends
unscrupulous politicians, lawyers and judges desire? If the latter
what becomes of the supposed security of living under the rule of
law?
This book tackles these questions by presenting a theory of legal
reasoning, developing the author's classic account given in Legal
Reasoning and Legal Theory (OUP, 1978). It explains the essential
role syllogism plays in reasoning used to apply the law, and the
elements needed in addition to deductive reasoning to give a full
explanation of how law is applied and decisions justified through
the use of precedent, analogy and principle.
The book highlights that problems of interpretation, classification
and relevance will always arise when applying general legal
standards to individual cases. In justifying their conclusions
about such problems, judges need to be faithful to categorical
legal reasons and yet fully sensitive to the particulars of the
cases before them. How can this be achieved, and how should we
evaluate the possible approaches judges could take to solving these
problems? By addressing these issues the book asks questions at the
heart of understanding the nature of law and the moral complexity
of the rule of law.
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