This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed.
This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed.
Martin P. Golding is Professor of Philosophy and Law at Duke University, USA.
Inhaltsangabe
Contents: Introduction My philosophy of law Part 1 Legal Reasoning: Principled decision-making and the Supreme Court A note on discovery and justification in science and law The logical force of arguments by analogy in common law reasoning Aesthetics and legal reasoning: a strand in American legal thought Preliminaries to the study of procedural justice Substantive interpretation and common law elaboration The legal analog of the principle of bivalence. Part 2 Legal Theories Jurisprudence and legal philosophy in 20th century America - major themes and developments Kelsen and the concept of 'legal system' Holmes's jurisprudence: aspects of its development and continuity Retroactive legislation and restoration of the rule of law The cultural defense Responsibility Faux pas. Part 3 Rights: Towards a theory of human rights Obligations to future generations The significance of rights language The primacy of welfare rights Rights, performatives, and promises in Karl Olivecrona's legal theory Name index.
Contents: Introduction My philosophy of law Part 1 Legal Reasoning: Principled decision-making and the Supreme Court A note on discovery and justification in science and law The logical force of arguments by analogy in common law reasoning Aesthetics and legal reasoning: a strand in American legal thought Preliminaries to the study of procedural justice Substantive interpretation and common law elaboration The legal analog of the principle of bivalence. Part 2 Legal Theories Jurisprudence and legal philosophy in 20th century America - major themes and developments Kelsen and the concept of 'legal system' Holmes's jurisprudence: aspects of its development and continuity Retroactive legislation and restoration of the rule of law The cultural defense Responsibility Faux pas. Part 3 Rights: Towards a theory of human rights Obligations to future generations The significance of rights language The primacy of welfare rights Rights, performatives, and promises in Karl Olivecrona's legal theory Name index.
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