Moral Theory and Legal ReasoningAvailable individually by volume 1. Logic, Probability, and Presumption in Legal Reasoning (0-8153-2655-6) 416 pages 2. Precedents, Statutes, and Analysis of Legal Concepts (0-8153-2656-4) 400 pages 3. Moral Theory and Legal Reasoning (0-8153-2657-2) 408 pages 4. Evolution and Revolution in Theories of Legal Reasoning (0-8153-2658-0) 400 pages 5. Scientific Models of Legal Reasoning (0-8153-2757-9) 424 pages |
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Continguts
| 45 | |
| 65 | |
| 89 | |
Principled DecisionMaking and the Supreme Court | 103 |
The Enduring Significance of Neutral Principles | 128 |
Coherence Hypothetical Cases and Precedent | 169 |
Dworkins Rights | 201 |
The Nature of Judicial Reasoning | 235 |
Argumentation and Interpretation in | 250 |
Coherence in Legal Justification | 265 |
The Theory of Judicial Decision III | 282 |
The Relevance of Coherence | 303 |
Formalism | 353 |
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Frases i termes més freqüents
accept action actual adjudication answer appeal apply argue argument authority beliefs choice claim coherence common conception concerned consider considerations consistent constitutional context correct course Court criticism decide decision decisionmaker depend determine developed discussion distinction doctrine Dworkin equal ethical example existence explain fact follow formalism function give given grounds human important intent interest interpretation involves issues judge judgment judicial justice justified kind language least legal system legislation less limited logical matter meaning moral nature neutral norms objection opinion particular perhaps person political position possible practical precedent present principles problem Professor propositions question rational reasons reference regard relevant requires result retroactivity ripple effect role rule seems sense settled social specific standards statute suggest supra note theory thesis tion treated true truth understanding values Wechsler
Passatges populars
Pàgina 121 - In approaching this problem, we cannot turn the clock back to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life throughout the Nation.
Pàgina 121 - Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.
Pàgina 115 - While that experiment is part of our system I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.
Pàgina 121 - In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the State has undertaken to provide it, is a right which must be made available to all on equal terms.
Pàgina 121 - We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.
Pàgina 121 - We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities?
Pàgina 114 - I do not doubt for a moment that by the same reasoning that would justify punishing persuasion to murder, the United States constitutionally may punish speech that produces or is intended to produce a clear and imminent danger that it will bring about forthwith certain substantive evils that the United States constitutionally may seek to prevent.
Pàgina 115 - ... the ultimate good desired is better reached by free trade in ideas, — that the best test of truth is the power of the thought to get itself accepted in the competition of the market ; and that truth is the only ground upon which their wishes safely can be carried out.
Pàgina 35 - ... speaks not only in the same words but with the same meaning and intent with which it spoke when it came from the hands of its framers and was voted on and adopted by the people of the United States. Any other rule of construction would abrogate the judicial character of this Court and make it the mere reflex of the popular opinion or passion of the day.
Pàgina 107 - What one expects to find in a principle is something that points out some external consideration as a means of warranting and guiding the internal sentiments of approbation and disapprobation : this expectation is but ill fulfilled by a proposition which does neither more nor less than hold up each of these sentiments as a ground and standard for itself.
Referències a aquest llibre
The Empirical Gap in Jurisprudence: A Comprehensive Study of the Supreme ... Daved Muttart Previsualització limitada - 2007 |
Informació bibliogràfica
| Títol | Moral Theory and Legal Reasoning A Garland series Garland series: Readings in philosophy Philosophy of legal reasoning Readings in philosophy Scientific Models of Legal Reasoning: Economics, Artificial Intelligence, and the Physical Sciences, Scott Brewer, ISBN 0815326548, 9780815326540 |
| Editor | Scott Brewer |
| Col·laborador | Scott Brewer |
| Edició | il·lustrada |
| Editor | Taylor & Francis, 1998 |
| ISBN | 0815326572, 9780815326571 |
| Nre. de pàgines | 411 pàgines |
| Exporta citacions | BiBTeX EndNote RefMan |