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Justice, Law and Argument : Essays on Moral and Legal Reasoning :  Essays on Moral and Legal Reasoning - Harold J. Berman

Justice, Law and Argument : Essays on Moral and Legal Reasoning

Essays on Moral and Legal Reasoning

By: Ch. Perelman, Harold J. Berman (Introduction by)

Paperback Published: 1980
ISBN: 9789027710901
Number Of Pages: 194

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This collection contains studies on justice, juridical reasoning and argumenta- tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi- cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.

1. Concerning Justice.- Five Lectures on Justice.- 2. Justice and Its Problems.- 3. Equity and the Rule of Justice.- 4. On the Justice of Rules.- 5. Justice and Justification.- 6. Justice and Reason.- 7. Justice and Reasoning.- 8. Equality and Justice.- 9. Justice Re-examined.- 10. The Use and Abuse of Confused Notions.- 11. The Justification of Norms.- 12. Law and Morality.- 13. Law and Rhetoric.- 14. Legal Reasoning.- 15. Law, Logic and Epistemology.- 16. Law, Philosophy and Argumentation.- 17. What the Philosopher May Learn from the Study of Law.- Index of Names.- Index of Subjects.

ISBN: 9789027710901
ISBN-10: 9027710902
Series: Synthese Library (Paperback)
Audience: General
Format: Paperback
Language: English
Number Of Pages: 194
Published: 1980
Publisher: Springer
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 1.12
Weight (kg): 0.3