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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.

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