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Liberal Legality Lewis D. Sargentich (Harvard Law School, Massachusetts)

Liberal Legality By Lewis D. Sargentich (Harvard Law School, Massachusetts)

Liberal Legality by Lewis D. Sargentich (Harvard Law School, Massachusetts)


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Summary

Liberal Legality shows that different kinds of legal argument, rule-based reasoning and reasoning based on principles and policies, share a surprising kinship. The diverse ways of arguing arise from the same root, and they share commitment to secure the rule of law in the service of liberty - liberal legality.

Liberal Legality Summary

Liberal Legality: A Unified Theory of our Law by Lewis D. Sargentich (Harvard Law School, Massachusetts)

In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.

About Lewis D. Sargentich (Harvard Law School, Massachusetts)

Lewis D. Sargentich is Professor of Law at Harvard Law School, Massachusetts. He has taught jurisprudence and legal theory courses there for four decades, including seminars on subjects ranging from natural law to legal skepticism.

Table of Contents

1. The idea of law-like law; 2. Argument in a legal system; 3. Practice of legality; 3.1. Instituted discourse; 3.2. Entrenched pursuit; 3.3. Self-conception; 4. Pursuit of the rule of law; 5. Aspiration and impulse; 5.1. Nomological legality; 5.2. Liberal commitment; 5.3. Failure of legality; 5.4. Dual impulse; 6. Deep duality - formal law; 6.1. Rawls' first view of law; 6.2. A contrary view; 6.3. Law-like formality: Weber; 6.4. Half-right views; 7. Deep duality - law's ideals; 7.1. A contrary view; 7.2. Law-like ideals: Dworkin; 7.3. Halves of a whole; 7.4. Rawls' second view of law; 8. Two perils for law; 8.1. Liberal law's fears; 8.2. Overcoming peril; 8.3. Deeper danger; 8.4. What follows; 9. Fear of free ideals; 9.1. Warring creeds; 9.2. Moral skepticism; 9.3. What's feared; 10. Fear of open form: 10.1. Unsure concepts; 10.2. Linguistic skepticism; 10.3. What's feared; 11. Modern liberal practice; 11.1. Practice's view of law; 11.2. Two views of disorder; 11.3. Implications of disorder; 12. Legality recapitulated.

Additional information

NPB9781108425452
9781108425452
1108425453
Liberal Legality: A Unified Theory of our Law by Lewis D. Sargentich (Harvard Law School, Massachusetts)
New
Hardback
Cambridge University Press
2018-04-19
184
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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