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Reason in Law

by: Carter, Lief H.; Burke, Thomas F.

Reason in Law

by: Carter, Lief H.; Burke, Thomas F.

ISBN 13:
9780321202291
ISBN 10:
0321202295
Edition: 7th
Format: Paperback
Copyright: 01/01/2005
Publisher: Longman
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Summary

This lively and insightful book is a must-read for anyone interested in understanding why judges made the decisions they did in such current cases as the the Alabama federal courthouse Ten Commandments” case,Ashcroft v. Oregon (Oregon's "right to die" law) andLawrence v. Texas (constitutionality of sodomy laws). The book also examines recent legal controversies over internet music file-swapping and the targeting of "ordinary people" by record companies, internet pornography, the Pledge of Allegiance, and Victoria's Secret. What Legal Reasoning Is, and Why It Matters; Common Law; Interpreting The United States Constitution; Law and Politics; Introduction to Legal Procedure and Terminology; Bush v. Gore. Anyone who wants to know more about recent legal controversies and why judges make the decisions they do.

Preface

About the Authors

xiii

Reason in Law

What Legal Reasoning Is, and Why It Matters

(20)

An Overview of Law and Politics

(4)

The Law Is All Around Us

(1)

The Rule of Law Keeps the Peace

(1)

The Critical Importance of Judicial Impartiality

(2)

A Definition of Law

(3)

A Definition of Legal Reasoning

(1)

Legal Reasoning Does Not Discover the ``One Right Answer''

(1)

The Structure of Legal Reasoning

(4)

Case Facts

(1)

Social Background Facts

(1)

Rules of Law

(1)

Widely Shared Values

(2)

Sources of Official Legal Texts

(1)

The Choices that Legal Reasoning Confronts

(2)

Illustrative Case

(4)

Questions about the Case

(1)

Change and Stability in Legal Reasoning

(15)

Sources of Unpredictability in Law

(5)

The Disorderly Conduct of Words

(1)

The Unpredictability of Precedents

(4)

Is Unpredictability in Law Desirable?

(1)

Vertical and Horizontal Stare Decisis: A Stabilizing and Clarifying Element in Law

(2)

Illustrative Cases

(4)

Questions about the Cases

(1)

Common Law

(32)

Origins of Common Law

(2)

Reasoning by Example in Common Law

(10)

The Cherry Tree

(4)

The Pit

(1)

The Diving Board

(3)

Keeping the Common-Law Tradition Alive

(11)

Making Common Law without Close Precedents

(4)

Horizontal Stare Decisis in Common Law

(6)

The Common-Law Tradition Today

(5)

Illustrative Case

(3)

Questions about the Case

(1)

Statutory Interpretation

(38)

What Are Statutes?

(3)

Four Misguided Approaches to ``First Instance'' Statutory Interpretation

(13)

Literalism: Sticking to the Words

(2)

The Golden Rule

(2)

Canons of Statutory Construction

(2)

Legislative Intent

(6)

Purpose: The Key to Wise Statutory Interpretation

(7)

The Centrality of Statutory Purpose

(1)

Determining Purpose: Words Can Help

(1)

Determining Purpose: The Audience

(1)

Determining Purpose: The Assumption of Legislative Rationality and the Uses of Legislative History

(1)

Illustrations of Statutory Purpose

(4)

A Final Complication

(1)

Stare Decisis in Statutory Interpretation

(10)

Major League Baseball, Haviland's Dog and Pony Show, and Government Regulation of Business

(5)

The Case against Increased Adherence to Precedent in Statutory Interpretation

(3)

A Summary Statement of the Appropriate Judicial Approach to Statutory Interpretation

101

(1)

Illustrative Case

101

(4)

Questions about the Case

105

(1)

Interpreting the United States Constitution

106

(28)

``The Supreme Law of the Land''

107

(4)

Conventional Legal Reasoning in Constitutional Interpretation

111

(5)

Words as Channels of Meaning

111

(3)

Original Intent and Purpose

114

(1)

Stare (In) Decisis

115

(1)

Judicial Review and Democratic Theory

116

(8)

Theories of Judicial Self-Restraint

118

(3)

Political Constraints on the Court

121

(3)

The Turn to Individual Dignity

124

(1)

Illustrative Case

125

(6)

Questions about the Case

131

(3)

Law and Politics

134

(24)

The Rule of Law

134

(2)

Three Threats to the Rule of Law

136

(6)

Democracy

136

(2)

Attacks on Judicial Legitimacy

138

(2)

National Crises

140

(2)

The Rule of Law as Liberal Justification

142

(16)

A Recap

142

(1)

Impartiality and Trust

143

(1)

Impartial Judgment

144

(4)

The Value of Impartiality

148

(2)

Applying the Theory

150

(5)

Illustrative Case

155

(3)

Appendix: Introduction to Legal Procedure and Terminology

158

(5)

Credits

163

(2)

Index

165

(6)

Index of Cases

171

Amazon no longer offers textbook rentals. We do!

Reason in Law

Reason in Law

9780321202291

0321202295

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

Reason in Law

Reason in Law

9780321202291

0321202295

Summary

Table of Contents

Supplemental Materials

Write a Review

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