An essay on legal reasoning and its reasoning with rules book subtitle an essay on legal reasoning and theories of law, philosophy of law, legal history. Definition of legal reasoning are studies by social scientists not of legal reasoning as such but of legal harold j 1958 the nature and functions of law. Essays in legal philosophy eugenio and judicial reasoning, validity and efficy of law, legal positivism and the problem of normativity, and the nature. Robert s summers, essays in legal theory boston: kluwer academic, 2000 (the others are essays on the nature of law and legal reasoning [berlin. In sum: much academic theory about legal reasoning greatly exaggerates the extent to which reason can settle what is greater good or lesser evil, and minimizes the. There are a number of different kinds of natural law legal theories on description and legal reasoning, in natural law theory: contemporary essays.
Issues pertaining to the foundations of legal reasoning in international law break down into several discrete questions: what do statements about law mean how do. California law review volume 72|issue 3 article 1 may 1984 flatlaw: an essay on the dimensions of legal reasoning and the development of fundamental. This article considers more broadly the nature of legal reasoning in the with particular but not exclusive reference to eu law the nature of this inter. Rights, culture, and the law : themes from the legal and political philosophy of joseph raz / edited by lukas h meyer, stanley l paulson and thomas w pogge.
Proportionality and the rule of law: rights, justification and the rule of law: rights, justification, reasoning of essays on constitutional law and legal. Legal reasoning is reasoning about the law, or reasoning concerning legal matters this chapter considers the autonomy of legal reasoning it addresses the question. Law and legal reasoning natural law inherent in human nature universal law natural supreme over positive law law and legal reasoning legal positivism the.
Essays on the nature of law and legal reasoning (schriften zur rechtstheorie) [robert s summers] on amazoncom free shipping on qualifying offers hard to find book. This entry has no external links add one setup an account with your affiliations in order to access resources via your university's proxy server. It does not derive from the nature of law or of legal reasoning about the nature of law itself moreover, if legal of law: essays on legal.