Reason in Law Update, Longman Classics Edition
7th Edition
Published on 2. October 2006
Book
Paperback/Softback
208 pages
978-0-321-43942-0 (ISBN)
Description
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?
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?
More details
Edition
7th edition
Language
English
Place of publication
United States
Publishing group
Pearson Education (US)
Target group
Professional and scholarly
Dimensions
Height: 235 mm
Width: 162 mm
Weight
279 gr
ISBN-13
978-0-321-43942-0 (9780321439420)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
New editions
Lief Carter | Tom Burke
Reason in Law
Book
02/2010
8th Edition
Routledge
€62.01
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Content
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
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