Reason in law

著者

書誌事項

Reason in law

Lief H. Carter, Thomas F. Burke ; foreword by Sanford Levinson

（Longman classics in political science）

Pearson Longman, c2007

Updated 7th ed

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

Reason in Law examines the intersection of law and politics: legal reasoning. It teaches students how to examine judicial decisions, encouraging them to become "thoughtful judges of judging." Using cases ripped from the headlines-such as the Alabama federal courthouse "Ten Commandments" case, Ashcroft v. Oregon, and Lawrence v. Texas-authors Carter and Burke teach through illustrative examples and have assembled a gallery of fascinating cases to engage student interest. Ultimately, the text attempts to answer the question: "How can a pluralistic society be ruled legitimately?" If people of differing political allegiances can interpret the same legal text quite differently, how can the rule of law be properly applied?

目次

Preface About the Authors Reason in Law 1 What Legal Reasoning Is, and Why It Matters An Overview of Law and Politics A Definition of Law A Definition of Legal Reasoning Legal Reasoning Does Not Discover the "One Right Answer." The Structure 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 Unpredictibility in Law The Disorderly Conduct of Words The Unpredictability of Precedents Stage One: Reasoning by Example in General Stage Two: Examples in Law Stage Three: The Three-Step Process of Reasoning by Example Stage Four: How Reasoning by Example Perpetuates Unpredictability in Law Stage Five: An Illustration of Unpredictability in Law Stage Six: Reasoning by Example Facilitates Legal Change Is Unpredictability in Law Desirable? Vertical and Horizontal Stare Decisis: 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 The Cherry Tree The Pit The Diving Board Keeping the Common-Law Tradition Alive Making Common Law without Close Precedents Horizontal Stare Decisis in Common Law Rightly Adhering to Precedent Because the Need for Stability and Reliance is Present Wrongly Adhering to Precedent When Stability Is Unnecessary The Common-Law Tradition Today Illustrative Case Questions about the Case 4 Statutory Interpretation What are Statutes? Four Misguided Approaches to "First Instance" Statutory Interpretation Literalism: Sticking to the Words The Golden Rule Canons of Statutory Construction Legislative Intent Other Words in the Statute The Expressed Intent of Individual Legislators and Committee Reports Other Actions, Events, and Decisions in the Legislature The Perils of Legislative Intent Purpose: The Key to Wise Statutory Interpretation The Centrality of Statutory Purpose Determining Purpose: Words Can Help Determining Purpose: The Audience Determining Purpose: The Assumption of Legislative Rationality and the Uses of Legislative History Illustrations of Statutory Purpose Two Easy Cases The Case of the Lady Jurors, or Why Legislative Intent Does Not Determine Statutory Purpose Statutory Purpose in the Cases of Criminal Commerce: Caminetti, McBoyle, and Alpers A Final Complication Stare Decisis in Statutory Interpretation Major League Baseball, Haviland's Dog and Pony Show, and Government Regulation of Business The Case against Increased Adherence to Precedent 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 Words as Channels of Meaning Original Intent and Purpose Stare (In)Decisis Judicial Review and Democratic Theory Theories of Judicial Self-Restraint Political Constraints on the Court The Turn to Individual Dignity Illustrative Case Questions about the Case 6 Law and Politics Three Threats to the Rule of Law Democracy Attacks on Judicial Legitimacy National Crises The Rule of Law as Liberal Justification A Recap Impartiality and Trust Impartial Judgement The Value of Impartiality Applying the Theory Illustrative Case Appendix "How Law Differs from Politics: The Case of Terry Schindler Shiavo" Credits Index Index of Cases

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