Reason in Law
6th Edition
Published on 2. September 2002
Book
Paperback/Softback
208 pages
978-0-321-08560-3 (ISBN)
Description
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.
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.
More details
Edition
6th edition
Language
English
Place of publication
United States
Publishing group
Pearson Education (US)
Target group
Professional and scholarly
Dimensions
Height: 235 mm
ISBN-13
978-0-321-08560-3 (9780321085603)
Copyright in bibliographic data is held by Nielsen Book Services Limited or its licensors: all rights reserved.
Schweitzer Classification
Other editions
New editions
Lief H. Carter | Thomas F. Burke
Reason in Law
Book
08/2004
7th Edition
Pearson
€37.19
Article is exhausted; no reprint
Content
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.
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.