Illuminates legal reasoning -- and its justification
At least since plato and Aristotle, thinkers have pondered the
relationship between philosophical arguments and the "sophistical"
arguments offered by the Sophists -- who were the first
professional lawyers. Judges wield substantial political power, and
the justifications they offer for their decisions are a vital means
by which citizens can assess the legitimacy of how that power is
exercised. However, to evaluate judicial justifications requires
close attention to the method of reasoning behind decisions. This
new collection illuminates and explains the political and moral
importance in justifying the exercise of judicial power.
Explores enduring questions
Focusing on work over the past century, the essays address
important recurring questions, such as: When a judge or a lawyer
reasons to a conclusion about what is legally required in a given
case, must he also ask what is morally required? To what extent do
a judge's personal, political, or moral biases affect his legal
reasoning? What is the impact of such biases? Can all such biases
be avoided? Is legal reasoning similar to reasoning in mathematics,
logic, and linguistics, the physical sciences, the social sciences,
or literature and history? Do formal logical modes of argument play
any roles in legal reasoning?
Solid coverage, well organized
The articles were chosen to present some of the most influential
works on the topic, as well as less familiar works that are thought
provoking and informative. Each volume also offers a representative
range of theoretical approaches to its topic, contains an
introduction that locates the subject within the larger framework
oftheories of legal reasoning and jurisprudence, and includes
bibliographical notes on further readings.
What is the relationship between moral judgments and legal
judgments? The articles in this volume consider at what stage of
legal reasoning should a judge or lawyer make specifically moral
judgments. Using illustrations from some of the most deeply
contested judicial decisions in contemporary American law, the
articles treat these vital questions from the viewpoints of natural
law, legal positivism, legal realism, and legal process.
General
Imprint: |
Crc Press
|
Country of origin: |
United States |
Series: |
Philosophy of Legal Reasoning: A Collection of Essays by Philosophers and Legal Scholars |
Release date: |
March 1998 |
First published: |
1998 |
Editors: |
Scott Brewer
|
Dimensions: |
229 x 152 x 27mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
404 |
ISBN-13: |
978-0-8153-2657-1 |
Categories: |
Books >
Humanities >
Philosophy >
General
Books >
Philosophy >
General
|
LSN: |
0-8153-2657-2 |
Barcode: |
9780815326571 |
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