Vincent Luizzi; LEGAL REASONING AND LEGAL THEORY. By Neil MacCormick. Oxford: Clarendon Press. , The American Journal of. Since its first appearance in , this work has established itself as a classic of legal philosophy. This study focuses on current jurisprudential. Citation Information. Kloepfer, Stephen. “Book Review: Legal Reasoning and Legal Theory, by Neil MacCormick.” Osgoode Hall Law Journal ().

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Daniel Epstein – unknown. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart’s. These 11 locations in New South Wales: Legal Reasoning and Legal Theory.

Print Save Cite Email Share. The theory of legal reasoning provides full weight to the operation of principles and other standards in the legal process, and it shows that judges never have more than a limited discretion in hard — or any other — cases.


Legal Reasoning and Legal Theory

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Neil MacCormick, Legal Reasoning and Legal Theory – PhilPapers

Publications Pages Publications Pages. The principles interact with the rules, underpin them, hedge them in, qualify them, justify the enunciation of new rulings as tested out by consequentialist arguments, and so theoty.

University of Notre Dame Australia. Legal Reasoning and Legal Theory. Griffin on Human Rights Roger Crisp. A Theory of Legal Reasoning.

Legal Reasoning and Legal Theory – Neil MacCormick – Oxford University Press

Care has been taken to make the legal elements of the book readily accessible to non-lawyers, and the philosophical elements to non-philosophers. It contains an accurate description of how judges decide the “hard cases”, that is, those who could not be decided with the logic and techniques of formalism or legalism. This study focuses on current jurisprudential debate between the “positivist” views of Herbert Hart and the “rights thesis” of Ronald Dworkin.


Get fast, free shipping with Amazon Prime. The requirement of consistency and the problem of interpretation: Setup an account with your affiliations in order to access resources via your University’s proxy server Configure custom proxy use this if your affiliation does reasoningg provide a proxy.

Open to the public Book English Victoria University. Amazon Drive Cloud storage from Amazon. Users without a subscription letal not able to see the full content. Open to the public. Includes bibliographical references and indexes. Public Private login e. This single location in Tasmania: University of Sydney Library.

Aldo Schiavello – – Ratio Juris 24 2: English Choose a language for shopping. A Reply to Legal Positivism. The Law Library of Victoria. Legal Reasoning and Legal Theory Revisited.