Reason in law
著者
書誌事項
Reason in law
Longman, c2002
6th ed
- : pbk.
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
This accessible and lively text examines the relationship between law and politics and emphasizes the political importance of sound legal reasoning.
Reason in Law teaches students how to examine judicial decisions-how to become "thoughtful judges of judging." Using cases ripped from the headlines-such as Gore v. Bush, the Elian Gonzalez saga, and the Napster litigation-authors Carter and Burke teach through illustrative examples and have assembled a gallery of fascinating cases to engage student interest.
目次
1. What Legal Reasoning Is, and Why It Matters.
An Overview of Law and Politics.
A Definition of Law.
A Definition of Legal Reasoning.
Sources of Official Legal Texts.
The Choices That Legal Reasoning Confronts.
Illustrative Case.
Questions About the Case.
2. Change and Stability in Legal Reasoning.
Sources of Unpredictability in Law.
Is Unpredictability in Law Desirable?
The Other Side of the Coin: Stare Decisis as a Stabilizing and Clarifying Element in Law.
Illustrative Cases.
Questions About the Cases.
3. Common Law.
Origins of Common Law.
Reasoning By Example in Common Law.
Keeping the Common Law Tradition Alive.
The Common Law Tradition Today.
Illustrative Case.
Questions About the Case.
4. Statutory Interpretation.
What Are Statutes?
Four Misguided Approaches to Statutory Interpretation.
Purpose: The Key to Wise Statutory Interpretation.
Stare Decisis in Statutory Interpretation.
A Summary Statement of the Appropriate Judicial Approach to Statutory Interpretation.
Illustrative Case.
Questions About the Case.
5. Interpreting The United States Constitution.
"The Supreme Law of the Land."
Conventional Legal Reasoning in Constitutional Interpretation.
Judicial Review and Democratic Theory.
The Turn to Individual Dignity.
Illustrative Case.
Questions Abut the Case.
6. Law and Politics.
Legal Reasoning as Liberal Justification.
Legal Reasoning as a Public Language.
Conclusion.
Illustrative Case.
Appendix A: Introduction to Legal Procedure and Terminology.
Appendix B: Bush v. Gore.
Credits.
Index.
Index of Cases.
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