Originally published in 1968. This is a critical study of the concept of 'rule' featuring in law, ethics and much philosophical analysis which the author uses to investigate the concept of 'rationality'. Other substantive issues related to mainstream legal philosophy are discussed. It utilizes examples from English and American legal decisions.
Originally published in 1968. This is a critical study of the concept of 'rule' featuring in law, ethics and much philosophical analysis which the author uses to investigate the concept of 'rationality'. Other substantive issues related to mainstream legal philosophy are discussed. It utilizes examples from English and American legal decisions.
1. Introduction 2. Some Notions of Rationality and Law 3. The Logic of Reasoning with Rules 4. The Facts 5. Reasoning with Rules: Some Other Necessary Ingredients 6. Precedent 7. The Interpretation of Rules 8. The Role of Purpose 9. Law and the Conflict Between Law and Morality 10. Principled Choice and Competing Interests 11. Conclusion
1. Introduction 2. Some Notions of Rationality and Law 3. The Logic of Reasoning with Rules 4. The Facts 5. Reasoning with Rules: Some Other Necessary Ingredients 6. Precedent 7. The Interpretation of Rules 8. The Role of Purpose 9. Law and the Conflict Between Law and Morality 10. Principled Choice and Competing Interests 11. Conclusion
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