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Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.
This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places. Out of the comparative study come the six theoretical and synoptic essays that conclude the volume.
This collection of essays, published to coincide with Tony Honore's sixty-fifth birthday, focuses on the areas where Honore's thought has made the most significant contribution: Roman law and jurisprudence. Included are essays by P.S. Atiyah, Zenon Bankowski, John Bell, Peter Birks, John W. Cairs, Hugh Collins, David Daube, W. M. Gordon, J. W. Harris Nicola Lacey, A. D. E. Lewis, Detlef Liebs, G. D. MacCormack, Neil MacCormick, G. Maher, Pieter Norr, Alan Rodger, and Peter Stein.
This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places. Out of the comparative study come the six theoretical and synoptic essays that conclude the volume.
Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based? Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.
This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.
In 1975, four teenagers from Mount Temple School in Dublin gathered in a crowded kitchen to discuss forming a band. More than thirty years later, Bono, The Edge, Adam Clayton, and Larry Mullen Jr are still together, bound by intense loyalty, passionate idealism, and a relentless belief in the power of rock and roll to change the world. In an epic journey that has taken the band from the clubs of Dublin to the stadiums of the world, U2 has sold more than 130 million albums, revolutionized live performance, spearheaded political campaigns, and made music that defines the age in which we live. Told with wit, insight, and astonishing candor by the band members themselves and manager Paul McGuinness, with pictures from their own archives, "U2 by U2" allows unprecedented access into the inner life of the greatest rock band of our times.
The concept of practical reason is central to contemporary thought
on ethics and the philosophy of law - acting well means acting for
good reasons. Explaining this requires several stages. How do
reasons relate to actions at all, as incentives and in
explanations? What are values, how do they relate to human nature,
and how do they enter practical reasoning? How do the concepts of
'right and wrong' fit in, and in what way do they involve questions
of mutual trust among human beings? How does our moral freedom -
our freedom to form our own moral commitments - relate to our
responsibilities to each other? How is this final question
transposed into law and legal commitments?
In this substantially revised second edition, Neil MacCormick
delivers a clear and current introduction to the life and works of
H.L.A. Hart, noted Professor of Jurisprudence at Oxford University
from 1952 to 1968.
This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the State, about the character of the UK as a state, and about the juridical character of the European Union in its relationship with the member states of the Union. It is also a contribution to political theory in its discussion of the rule of law, the theory of sovereignty, and the principles of liberal nationalism. It combines a statement and application of the `institutional theory of law' with a balanced and carefully argued version of contemporary Scottish nationalism.
The concept of practical reason is central to contemporary thought
on ethics and the philosophy of law - acting well means acting for
good reasons. Explaining this requires several stages. How do
reasons relate to actions at all, as incentives and in
explanations? What are values, how do they relate to human nature,
and how do they enter practical reasoning? How do the concepts of
'right and wrong' fit in, and in what way do they involve questions
of mutual trust among human beings? How does our moral freedom -
our freedom to form our own moral commitments - relate to our
responsibilities to each other? How is this final question
transposed into law and legal commitments?
What is to be understood by 'rational legal argument'? To what
extent can legal reasoning be rational? Is the demand for
rationality in legal affairs justified? And what are the criteria
of rationality in legal reasoning? The answer to these questions is
not only of interest to legal theorists and philosophers of law.
They are pressing issues for practicing lawyers, and a matter of
concern for every citizen active in the public arena. Not only the
standing of academic law as a scientific discipline, but also the
legitimacy of judicial decisions depends on the possibility of
rational legal argumentation.
This work is a controversial collection of interrelated papers investigating and arguing about issues of concern to lawyers and politicians today. MacCormick combines a scholarly concern with leading thinkers such as John Locke, Lord Stair, Adam Smith and David Hume, John Rawls, Ronald Dworkin, and Patrick Atiyah, and stringently argued view of questions of political obligation, civil liberty, and legal rights.
In this substantially revised second edition, Neil MacCormick
delivers a clear and current introduction to the life and works of
H.L.A. Hart, noted Professor of Jurisprudence at Oxford University
from 1952 to 1968.
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?
In this short, but authoritative book, the nature and purpose of the European Constitution are explained by someone involved in its preparation. The author discusses how it was drafted, and tackles some much debated questions: whether it promises any enhancement of democracy in the EU, whether it implies that the EU is becoming a superstate, and whether it will strengthen the principle of subsidiarity and the protection of human rights.
What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory. First published in 1978, this work is now a classic legal text. Its clarity of explanation and argument make it readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
Institutions of Law offers an original account of the nature of law
and legal systems in the contemporary world. It provides the
definitive statement of Sir Neil MacCormick's well-known
'institutional theory of law', defining law as 'institutional
normative order' and explaining each of these three terms in depth.
It attempts to fulfill the need for a twenty-first century
introduction to legal theory marking a fresh start such as was
achieved in the last century by H. L. A. Hart's The Concept of
Law.
This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the State, about the character of the UK as a state, and about the juridical character of the European Union in its relationship with the Member States of the Union. It is also a contribution to political theory in its discussion of the rule of law, the theory of sovereignty, and the principles of liberal nationalism. It combines a statement and application of the `institutional theory of law' with a balanced and carefully argued version of contemporary Scottish nationalism.
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