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9780754626695

Legal Reasoning, Legal Theory and Rights

by
  • ISBN13:

    9780754626695

  • ISBN10:

    0754626695

  • Format: Hardcover
  • Copyright: 2007-11-28
  • Publisher: Routledge

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Summary

This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.

Table of Contents

Introduction
My philosophy of law
Legal Reasoning
Principled decision-making and the Supreme Court
A note on discovery and justification in science and law
The logical force of arguments by analogy in common law reasoning
Aesthetics and legal reasoning: a strand in American legal thought
Preliminaries to the study of procedural justice
Substantive interpretation and common law elaboration
The legal analog of the principle of bivalence
Legal Theories
Jurisprudence and legal philosophy in 20th century America - major themes and developments
Kelsen and the concept of 'legal system'
Holmes's jurisprudence: aspects of its development and continuity
Retroactive legislation and restoration of the rule of law
The cultural defense
Responsibility
Faux pas
Rights
Towards a theory of human rights
Obligations to future generations
The significance of rights language
The primacy of welfare rights
Rights, performatives, and promises in Karl Olivecrona's legal theory
Name index
Table of Contents provided by Publisher. All Rights Reserved.

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