1st Edition
Precedents, Statutes, and Analysis of Legal Concepts Interpretation
Edited By Scott Brewer
Copyright 1998
400 Pages
by
Routledge
400 Pages
by
Routledge
Also available as eBook on:
At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised.... Read more
Some Reflections on the Reading of Statutes *; Determining the Ratio Decidendi of A Case; The Ascription of Responsibility and Rights.; The Judgment Intuitive: The Function of the Hunch 1 in Judicial Decision; Remarks on the Theory of Appellate Decision and the Rules or Canons About How Statutes are to be Construed; Pragmatics and the Maxims of Interpretation; Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution; Case Law and Stare Decisis: Concerning Präjudizienrecht in Amerika *; Tû-Tû †; The Theory of Judicial Precedents.; The Rule of Law as a Law of Rules; Exceptions; The Analysis of Legal Concepts; Fallacies of the Logical Form in English Law; Reasoning in a Circle of Law *; Vagueness in Law and Language: Some Philosophical Issues
Biography
Scott Brewer
