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.
Articles address issues in comparing "scientific" reasoning and
legal reasoning, or using "scientific" models to explain and guide
legal reasoning. One issue is whether "artificial intelligence" can
provide adequate models of such processes as analogy and legal
interpretation. Another is the extent to which formal models from
the "social science" of economics can guide judges -- in addition
to traditional legal precedents, statutes, and constitutions. The
articles reflect the impact that changing conceptions of science
have had on the ""scientific" nature of legal reasoning.
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 30mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
424 |
ISBN-13: |
978-0-8153-2757-8 |
Categories: |
Books >
Humanities >
Philosophy >
General
Books >
Philosophy >
General
|
LSN: |
0-8153-2757-9 |
Barcode: |
9780815327578 |
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