The Rule of Rules
Morality, Rules, and the Dilemmas of Law
1st Edition
Published on 6. August 2001
288 pages
978-0-8223-8002-3 (ISBN)
Description
Analysis of jurisprudential debates about the nature of law through a general investigation of the reasons for and optimal structures of authoritative rules and the moral and practical dilemmas created by those rules.
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Book
08/2001
Duke University Press
€119.50
Shipment within 10-20 days
Persons
Larry Alexander is Warren Distinguished Professor of Law at the University of San Diego.Emily Sherwin is Professor of Law at the University of San Diego.
Content
Acknowledgments
Introduction
Part I. The Circumstances of Law
1. Disagreement, Uncertainty, and Authoritative Settlement
2. Settlement Requisites and the Nature of Authoritative Rules
3. Hierarchies of Rules
Part II. Acting Under Rules
4. The Problem of Rules
5. Interpretation of Rules
Part III. Issues of Legal Reasoning
6. Reasoning by Analogy
7. Reasoning in Light of Precedent
8. Reasoning from Legal Principles
Part IV. The Settlement Function and Jurisprudential Debates
9. Legal Positivism and Natural Law
10. Lex, Rules, and Some Miscellaneous Problems of Jurisprudence
Notes
Index
Introduction
Part I. The Circumstances of Law
1. Disagreement, Uncertainty, and Authoritative Settlement
2. Settlement Requisites and the Nature of Authoritative Rules
3. Hierarchies of Rules
Part II. Acting Under Rules
4. The Problem of Rules
5. Interpretation of Rules
Part III. Issues of Legal Reasoning
6. Reasoning by Analogy
7. Reasoning in Light of Precedent
8. Reasoning from Legal Principles
Part IV. The Settlement Function and Jurisprudential Debates
9. Legal Positivism and Natural Law
10. Lex, Rules, and Some Miscellaneous Problems of Jurisprudence
Notes
Index
