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Reasoning with Law - Andrew Halpin

Reasoning with Law

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The central aim of this book is an attempt to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. At the same time it challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. An introductory section deals with some preliminary matters in considering the nature of the relationship between legal theory and the practice of law, the scope of legal reasoning, and the role of the judge. Then the suggestion is made that the practice at the heart of legal reasoning is itself a manifestation of the way in which the limitations of language and the incompleteness of human experience at the same time provide the opportunity for coherent development as well as displaying an inherent instability. The final section considers some of the implications of this suggestion for the practice of legal definition, an institutional approach to law, the general possibility of providing a theoretical model of law, and the nature of law's critical aperture.

Industry Reviews

Reasoning with Law is a significant contribution to the field of analytic jurisprudence. It is a work praiseworthy for its precise and rigorous development of argument, extraordinary clarity of exposition, admirable depth and breadth of learning, and highly engaging prose style. Halpins' Reasoning with Law should be of great interest to anyone working in the field of analytic jurisprudence or the judicial power, and it will well repay a careful reading. Jack Wade Nowlin, University of Mississippi The Law and Politics Book Review February 2002

Introductionp. 1
Preliminary Studies
Law, Theory and Practice: Conflicting Perspectives?p. 7
No Conflict--No Theoryp. 7
Preliminary Observationsp. 14
Conflictsp. 17
Taking Theory Out of Conflictp. 21
Law, Autonomy, and Reasonp. 29
Introductionp. 29
Raz's Legal Reasoning Thesisp. 32
The Legal Epithetp. 35
Some Implicationsp. 41
Wider Issuesp. 49
A Study on the Judicial Rolep. 59
Introductionp. 59
The Theoretical Controversy Concerning Judicial Reviewp. 60
The Two Models of Judicial Reviewp. 61
The "Undistributed" or "Excluded" Middlep. 63
"An All Powerful Parliament"p. 68
A Return to the Realm of Fairy Talesp. 73
Replacing Fig Leavesp. 75
Concluding Remarksp. 80
Excluded Middles, Right Answers and Vaguenessp. 83
Introductionp. 83
Right Answers to Hard Casesp. 84
Some General Reflectionsp. 92
Vaguenessp. 96
Reasoning with Law
The Uses of Wordsp. 103
Introductionp. 103
Commencing an Analysisp. 107
Elementary Analysis of a Termp. 109
General Termsp. 111
An Illustration of Particular/General Termsp. 112
What Fixes a General Term?p. 113
Talking of Ideasp. 116
The Stage We Are Atp. 117
Some Themes from Wittgenstein's Philosophical Investigationsp. 121
Introductionp. 121
A Simple Overviewp. 124
The Model Consideredp. 125
The Game of Gamesp. 133
Conclusionp. 138
An Annex on Realismp. 143
Words and Conceptsp. 151
A Basic Analysisp. 151
Concepts Requiring a Participatory Responsep. 156
Determinationes of General Conceptsp. 156
Instantiation of Abstract Conceptsp. 159
Resolution of Essentially Contestable Conceptsp. 160
Conceptions of a Conceptp. 162
The Significance of Experiencep. 165
Conceptual Development or Conceptual Dislocationp. 168
Implicationsp. 175
Bibliographyp. 183
Indexp. 195
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781841132440
ISBN-10: 1841132446
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 202
Published: 12th December 2001
Country of Publication: GB
Dimensions (cm): 24.13 x 15.88  x 1.91
Weight (kg): 0.3
Edition Number: 1