Maccormick legal reasoning and legal theory pdf vincent luizzi. Jun 27, 2019 neil maccormick, legal reasoning and legal theory philpapers publications pages publications pages. This book is available as part of oxford scholarship online view abstracts and keywords at book and chapter level. He was regius professor of public law and the law of nature and nations at the university of edinburgh from 1972 until 2008. There are at least two reasons why any book on the philosophy of law that seeks to interest both nonlawyer philosophers and. Both neil maccormick and kevin walton read the whole manuscript with a view to.
Legal reasoning and legal theory neil maccormick oxford university press these online bookshops told us they have this item. In this article, i explore the actionguiding capacity of maccormick s theory. Sir donald neil maccormick qc fba frse 27 may 1941 5 april 2009 was a scottish legal philosopher and politician. In the first phase i refer to legal reasoning and legal theory maccormick 1978.
Legal reasoning and legal theory revisited springerlink. Neil maccormicks second thoughts on legal reasoning and. This book examines this and other questions central to the study of jurisprudence. It also recognizes that dworkins critique of positivists for having concentrated to excess on one type of legal standards, legal rules, makes a very palpable hit. In particular, two related points will be highlighted in which the difference. Legal reasoning and legal theory, by neil maccormick. These questions are central to the study of jurisprudence, and are critically examined in this book.
Dec 08, 1994 legal reasoning and legal theory neil maccormick. Sir neil maccormick published his book legal reasoning and legal theory in 1978. As honore has said, referring to the average executors manual. Legal reasoning and legal theory revised a defence of the. Maccormick is emeritus professor of public law and the law of. Pdf legal reasoning and legal theory free online books. Neil maccormick s book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part legal syllogism plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. Download in pdf, epub, and mobi format for read it on your kindle device, pc, phones or tablets. In this work i address a particular aspect of maccormick s revised theory of legal reasoning, namely, the way his latest views on legal argumentation carry implications for the concept of law. Legal reasoning and legal theory by maccormick, neil. A theory of legal reasoning 2005 constitutional commentary, vol. Legal reasoning and legal theory clarendon law series. On normative coherence, chiefly legal reasoning and legal theory oxford, 1978 chapters 7 and 8.
Observations on maccormick s legal reasoning and legal theory. Prescriptive formality and normative rationality in modern legal systems. Review of neil maccormick, rhetoric and the rule of law. Legal reasoning and legal theory by neil maccormick jstor. Legal reasoning and legal theory neil maccormick oxford university press. Introduction neil mac cormick first put forward his thoughts on legal reasoning in a book entitled legal reasoning and legal theory. Uncommonly good collectible and rare books from uncommonly good booksellers. Neil maccormick, legal reasoning and legal theory philpapers.
May not be open to the public ls institutions of law neil maccormick. Neil maccormick, legal reasoning and legal theory 2d ed. A theory of legal reasoning requires and is required by a theory of law. Maccormick, n 1978 legal reasoning and legal theory oxford.
It stands firmly on its own as a contribution to an extensive literature. Maccormick could have made it adequately enough, i feel, in a single paragraph incorporated into his main text. Legal reasoning and legal theory by neil maccormick. Legal reasoning and legal theory, by neil maccormick osgoode. This study focuses on current jurisprudential debate between the positivist views of herbert hart and the rights thesis of ronald dworkin.
It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, and tries to show that this is the reason why not only hart, but also writers like neil maccormick and joseph raz have failed to offer a theory of legal reasoning that is compatible with legal positivism as a theory of law. It is twentyfive years since the publication of neil maccormick s book legal reasoning and legal theory, a book that has been in print continuously since its first publication. Neil maccormick has deeply influenced contemporary legal theory. Legal reasoning and legal theory neil maccormick a clarendon press publication clarendon law series since its first appearance inthis work has established itself as a classic of legal philosophy now available in paperback, and with a new foreword by the author, this popular book will continue to be of use to students and teachers of law, legal.
Legal reasoning and legal theory formerly regius professor emeritus of public law and the law of nature and nations in the university of edinburgh neil maccormick, neil maccormick snippet view 1978. He was a member of the european parliament 19992004, member of the convention on the future of europe, and officer of the scottish national party. Neil maccormick s second thoughts on legal reasoning and legal theory. The author regards his overall position as falling within the tradition of legal positivism in so far as he insists on a distinction between describing the law and evaluating it. Maccormick macormick a critical analysis of the dworkin position while also modifying harts. The role of legal reasoning in the conduct of human affairs core. Legal reasoning and legal theory clarendon law series maccormick, neil on. Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences. Can legal decisions be justified by purely rational argument or. Legal reasoning and legal theory oxford scholarship. May 12, 2011 this paper offers a diachronic reconstruction of maccormick s theory of law and legal argumentation. Rhetoric and the rule of law 2005 is het tweede boek van neil maccormick.
More specifically, my aim is to determine whether this theory will take us further than the socalled legal method. Maccormicks theory of legal reasoning, in which coherence is essentially considered an interpretative tool, and ronald. A satisfactory theory of legal reasoning requires and is required by a satisfactory theory of law. In this book maccormick expresses a very clearcut position, presenting an almost exclusively methodological version of legal positivism that he substantially limits to some theses on the way in which the legal scholar should approach positive law.
Legal reasoning and legal theory neil maccormick oxford. The principles interact with the rules, underpin them, hedge them in, qualify them, justify the enunciation of new rulings as tested out by consequentialist. Maccormick provides a critical analysis of the dworkin position while also modifying harts. The principles interact with the rules, underpin them, hedge them in, qualify them, justify the enunciation of new rulings as tested out by consequentialist arguments, and so theoty. Can legal decisions be justified by purely rational argument or are they. Maccormick describes the weak connection between law and morality by noting some essentials, among which. Since its first appearance in 1979, this work has established itself as a classic of legal philosophy. Now available in paperback, and with a new foreword by the author, this popular book will continue to be of use to students and teachers of law, legal theory, and philosophy.
Since its first appearance in, this work has established itself as a classic of legal philosophy. Oct 06, 2019 maccormick legal reasoning and legal theory pdf vincent luizzi. Legal reasoning and legal theory legal reasoning and legal theory by neil maccormick. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, and tries to show that this is the reason why not only hart, but also writers like neil maccormick. The first point concerns maccormick s gradual break. Find legal reasoning and legal theory by maccormick, neil at biblio. Neil maccormick description this is an interdisciplinary course drawing on material from the separate.
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