On Law and Legal Reasoning.
This book is about legal theory and legal reasoning. In particular, it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard:...
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Full text (MCPHS users only) |
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| Main Author: | |
| Format: | Electronic eBook |
| Language: | English |
| Published: |
Oxford :
Hart,
2002
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| Series: | European Academy of Legal Theory series.
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| Subjects: | |
| Local Note: | ProQuest Ebook Central |
Table of Contents:
- Prelims; Editors; Title; Copyright; Dedication; Acknowledgements; Contents; 1 Constitutive Rules, Institutions andthe Weightier Matters of the Law; TWO CONCEPTS OF RULES; THE GAME-ANALOGY; INSULATION; A GENERAL THEORY OF INSTITUTIONAL FACTS; THE GAME OF LAW; LAW AS INSTITUTIONAL FACT; TWO MODELS OF INSTITUTION; THE WEIGHTIER MATTERS OF THE LAW; A SHORT PREVIEW; 2 Gapless Sources; LEGAL INDETERMINACY; HARD AND CLEAR CASES; ON GAPS IN THE LAW; 3 Meaning and Application; PLAYING ON RAILWAY STATIONS; HART ON OPEN TEXTURE; PRINCIPLES, RULES AND EXCLUSIONARY REASONS; 4 Fuller v. Fuller.
- IS DEFEASIBILITY A NON-LEGAL, MORAL PROBLEM?""MY CODE IS LOST""; CONCLUSION; 5 Nothing at all or Nothing Exceptional; EXCEPTIONS AND RULES; THE CIRCUMSTANCES OF DEFEASIBILITY; NORMALITY AND DEFEASIBILITY; HART ON DEFEASIBILITY; 6 A Roman Puzzle; ROMAN COMMON SENSE; LOCATIO CONDUCT1O AND THE PROTECTION OF THE LESSEE; PERMUTATIO AND EMPTIO VENDITIO; REGULA IURIS; 7 Legal Reasoning and Legal Theory Revisited; DEDUCTIVE REASONING AND LEGAL ARGUMENTATION; RULES AS ENTRENCHED GENERALISATIONS; LEGAL REASONING, RULES AND SOURCES; 8 The Powers of Application; THE FORMALITY OF LAW; AN IMAGE OF LAW.
- IMAGES OF LAWReferences; Index.
