
New Essays on the Nature of Legal Reasoning
Hart Publishing
Published on 19. May 2022
Book
Hardback
360 pages
978-1-5099-3765-3 (ISBN)
Description
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.
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.
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.
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.
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Dimensions
Height: 162 mm
Width: 242 mm
Thickness: 27 mm
Weight
698 gr
ISBN-13
978-1-5099-3765-3 (9781509937653)
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
Additional editions

Mark McBride | James Penner
New Essays on the Nature of Legal Reasoning
E-Book
05/2022
1st Edition
Hart Publishing
€48.99
Available for download
Persons
Mark McBride is Assistant Professor and James Penner is Professor, both at the National University of Singapore.
Editor
National University of Singapore
National University of Singapore
Content
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 Perin Shecaira (Federal University of Rio de Janeiro, Brazil)
4. The Factor 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. Grant Lamond's Account of Precedent: A Personal Encounter
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 Judge-Made Law
James Penner (National University of Singapore)
PART III
DOCTRINE AND PRACTICE
10. Thinking Like a Lawyer: An Introduction to Common Law Method
Sundram Peter Soosay (Independent Scholar)
11. How the Ideal Adversary System's Argumentative Structure Threatens Dignity
Katharina Stevens (University of Lethbridge, Canada) and Nicole Lockstadt (McMaster University, Canada)
12. Lesser Evils, Mere Permissions and Justifying Reasons in Law
Rob Mullins (University of Queensland, Australia)
13. First Among Equals: Abduction in Legal Argument from a Logocratic Point of View
Scott Brewer (Harvard University, USA)
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 Perin Shecaira (Federal University of Rio de Janeiro, Brazil)
4. The Factor 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. Grant Lamond's Account of Precedent: A Personal Encounter
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 Judge-Made Law
James Penner (National University of Singapore)
PART III
DOCTRINE AND PRACTICE
10. Thinking Like a Lawyer: An Introduction to Common Law Method
Sundram Peter Soosay (Independent Scholar)
11. How the Ideal Adversary System's Argumentative Structure Threatens Dignity
Katharina Stevens (University of Lethbridge, Canada) and Nicole Lockstadt (McMaster University, Canada)
12. Lesser Evils, Mere Permissions and Justifying Reasons in Law
Rob Mullins (University of Queensland, Australia)
13. First Among Equals: Abduction in Legal Argument from a Logocratic Point of View
Scott Brewer (Harvard University, USA)