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Legal Reasoning and Legal Theory : Clarendon Law Series - Neil MacCormick

Legal Reasoning and Legal Theory

Clarendon Law Series

Paperback Published: 11th August 1994
ISBN: 9780198763840
Number Of Pages: 322

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Since its first appearance in 1979, this work has established itself as a classic of legal philosophy. This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature. Now available in paperback, and with a new foreword by the author, this popular book will continue to be of use to students and teachers of law, legal theory, and philosophy.

Foreword
Further Reading
Table of Cases
Introductionp. 1
Deductive Justificationp. 19
Deductive Justification - Presuppositions and Limitsp. 53
The Constraint of Formal Justicep. 73
Second-Order Justificationp. 100
Consequentialist Argumentsp. 129
The Requirement of 'Coherence': Principles and Analogiesp. 152
The Requirement of Consistency and the Problem of Interpretation: Clear Cases and Hard Casesp. 195
Legal Reasoning and Legal Theoryp. 229
Excursusp. 259
Law, Morality, and the Limits of Practical Reasonp. 265
Appendix: On the 'Internal Aspect' of Normsp. 275
Index of Statutes Citedp. 293
General Indexp. 294
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780198763840
ISBN-10: 0198763840
Series: Clarendon Law Series
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 322
Published: 11th August 1994
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 14.0 x 21.7  x 1.9
Weight (kg): 0.46