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Reasoning with Law Andrew Halpin

Reasoning with Law By Andrew Halpin

Reasoning with Law by Andrew Halpin


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Summary

This book critically reflects on the nature of law and legal reasoning by exploring the theories of various legal theorists.

Reasoning with Law Summary

Reasoning with Law by Andrew Halpin

The reader is invited to follow a route that visits Fish's view of theory and practice,Raz's legal reasoning thesis, theoretical models of judicial review, Dworkin's right answer thesis, the law of the excluded middle and Lukasiewicz's development of three-valued logic, Wittgenstein's language games, and Moore's metaphysical realism. The destination is the practice at the heart of legal reasoning. It is suggested that this manifests the way in which the limitations of language and the incompleteness of human experience allow the opportunity for coherent development of the law and at the same time produce an inherent incoherence within the law. The central part of the book seeks to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language, but challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. Instead it is argued that law provides an unrivalled test-bed for examining the limits of the capacity of our words, and that the study of law may be used to confront in a robust and illuminating manner the limitations of that discipline. The final chapter considers some of the implications of recognising the incoherence at the heart of legal reasoning, commenting on an institutional approach to law, the legitimacy of law, legal definitions, different approaches to legal reasoning, the role of appellate courts, the general possibility of providing a theoretical model of law, the use of legal rules, and the nature of law's critical aperture. The book should be of interest to advanced undergraduate students (particularly on jurisprudence courses), postgraduate students, academics, and practitioners concerned to reflect on the nature of the discipline they practice.

Reasoning with Law Reviews

Reasoning with Law is a significant contribution to the field of analytic jurisprudence. It is a work praiseworthy for its precise and rigorous development of argument, extraordinary clarity of exposition, admirable depth and breadth of learning, and highly engaging prose style. Halpins' Reasoning with Law should be of great interest to anyone working in the field of analytic jurisprudence or the judicial power, and it will well repay a careful reading. Jack Wade Nowlin, University of Mississippi The Law and Politics Book Review February 2002

About Andrew Halpin

Andrew Halpin is Professor of Legal Theory in the School of Law at Swansea University.

Table of Contents

Part 1 Preliminary studies: law, theory and practice - conflicting perspectives? - no conflict - no theory, preliminary observations, conflicts, taking theory out of conflict; law, autonomy and reason - introduction, Raz's legal reasoning thesis, the legal epithet, some implications, wider issues; a study on the judicial role: introduction, the theoretical controversy concerning judicial review, the two models of judicial review, the undistributed or excluded middle, an all powerful government, a return to the realm of fairy tales, replacing fig leaves, concluding remarks; excluded middles, rights answers and vagueness: introduction, right answers to hard cases, some general reflections, vagueness. Part 2 Reasoning with law: the uses of words - introduction, commencing an analysis, elementary analysis of a term, general terms, an illustration of particular/general terms, what fixes a general term?, talking of ideas, the state we are at; some themes from Wittgenstein's Philosophical Investigations - introduction, a simple overview, the model considered, the game of games, conclusion; an annex on realism; words and concepts - a basic analysis, concepts requiring a participatory response, the significance of experience, conceptual development or conceptual dislocation; implications.

Additional information

GOR008792085
9781841130705
1841130702
Reasoning with Law by Andrew Halpin
Used - Good
Hardback
Bloomsbury Publishing PLC
2001-12-12
202
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

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