New Essays on the Nature of Legal Reasoning

Administrative / Constitutional Law

New Essays on the Nature of Legal Reasoning

Edited by Mark McBride · James Penner
Hart Publishing November 2023

Specifications

ISBN-13
9781509958801
Publisher
Hart Publishing
Publication
November 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning.

The volume is divided into 3 parts:

  • The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning
  • The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning,and
  • The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.

Table of Contents

Introduction
Mark McBride (National University of Singapore) and James Penner (National University of Singapore)
Part I: General Jurisprudence and Legal Reasoning
1. On the Relationship between Law and Legal Reasoning
Fred Schauer (University of Virginia, USA)
2. The Law of the Street
Barbara Baum Levenbook (North Carolina State University, USA)
3. Must Legal Reasons be General?
Fabio Shecaira (Federal University of Rio de Janeiro, Brazil)
4. The Reasons Model and General Jurisprudence
Adam Rigoni (Arizona State University, USA)
Part II: Rules and Reasons
5. No Reasons
Mark McBride (National University of Singapore)
6. Revisiting the Reasons Account of Precedent
Grant Lamond (University of Oxford, UK)
7. Visiting Revisiting Reasons (working title)
John Horty (University of Maryland, USA)
8. How to Govern Conduct
Larry Alexander (University of San Diego, USA) and Emily Sherwin (Cornell University, USA)
9. Working with a Body of Rules: On the Nature of Doctrinal Legal Disagreement in Common Law and Equity
James Penner (National University of Singapore)
Part III: Doctrine and Practice
10. Thinking Like A Lawyer: An Introduction to Common Law Method
Sundram Soosay (Independent Scholar)
11. Square Pegs in Round Holes: Pro Se Litigants and Unjust Argument Design
Katharina Stevens (University of Lethbridge, Canada) and Nicole Lockstadt (McMaster University, Canada)
12. Lesser Evils, Mere Permissions and Justifying Reasons
Rob Mullins (University of Queensland, Australia)
13. What is a Legal Argument? An Explanation from Logocratic Metaphysics
Scott Brewer (Harvard University, USA)
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