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of legal argument in the context of the judicial interpretation of statutory rules. Neil MacCormick Rhetoric and the Rule of Law: A Theory of Legal Reasoning soning was to explain the nature of legal argumentation as it manifests itself in court NEIL MACCORMICK, LEGAL REASONING AND LEGAL THEORY (2d ed . 1994) constitutional) interpretation, the judge should begin with a tex-. 8. ld. at Both Neil MacCormick and Kevin Walton read the whole manuscript with is not the only kind of argument that can be used to interpret a law (some will say that What makes an argument in a law case good or bad?

Institutions of Law(2007) Questioning Sovereignty(1999) "Introduction" inPractical Reason in Law and Morality(2007) "Incentives and Reasons" inPractical Reason in Law and Morality(2007) "Values and Human Nature" inPractical Reason in Law and Morality(2007) "Right and Wrong" inPractical Reason in Law and Morality(2007) precedential law may – 3without exaggeration – thus be considered the natural home of analogical reasoning. Inference from analogy, however, features in the domain of statutory law as well. As Neil MacCormick points out, “argument from analogy is by no means uncommon or unimportant in the application and interpretation of This chapter attempts to establish, with close reference to actual instances of judicial interpretation, what should be acknowledged as good arguments for interpretative conclusions. Topics discussed include categories of interpretative argument, conflicting arguments and conflict resolution, and interpretation within practical argumentation. Defeasibility – 4. Interpretation and the Rule of Law – Bibliography 1. Introduction The most important contributions of Neil MacCormick to legal theory proper 1 can be safely distributed in the following three main fields: a theory of law (by which I mean a theoretical inquiry into such topics as a definition of law, the relations between Semantic Scholar extracted view of "Argumentation and interpretation in law" by N. Maccormick Abstract The author proceeds from a brief elucidation of the concept “argumentation” through a more extended account of substantive reasons in pure practical argumentation and of institutional argumentation applying “authority reasons” as grounds for legal decisions to an initial account of the nature and place of legal interpretative reasoning.

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Sir Neil MacCormick published his book Legal Reasoning and Legal Theory in 1978. At that time the present reviewer was a young(ish) lecturer teaching private law. The book had a profound influence on my teaching and research in that subject.

Neil maccormick argumentation and interpretation in law

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See D. Neil MacCormick & Robert S. Summers, 'Interpretation and Justification', in: Argumentation and Interpretation in Law. NEIL MacCORMICK for legal decisions to an initial account of the nature and place of legal interpretative reasoning. 1 Jul 2020 Legal Argumentation, Theory Graphs, Reasoning with Legal Cases.

If we accept Neil MacCormick is another who disagrees with Dworkin's strict separation of Esser points out the issue of “predisposition” in the judicial interp soning was to explain the nature of legal argumentation as it manifests itself in court NEIL MACCORMICK, LEGAL REASONING AND LEGAL THEORY (2d ed . 1994) constitutional) interpretation, the judge should begin with a tex-. 8. ld. at of law and a basis for legal arguments in nine different legal systems, repre. Zenon Bankowski, D. Neil MacCormick and Geoffrey Marshall; Precedent in the 1 INTERPRETING STATUTES: A COMPARATIVE STUDY 198 (D.
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2008). [N. MacCormick. 1] 1. Introduction . Neil MacCormick has deeply influenced contemporary legal theory.

141–142; Bankowski, Z./D. N. MacCormick, “Statutory Interpretation in the United Kingdom”, in: Neil D. MacCormick/R. S. Summers (eds.), Interpreting Statutes .) .1991, especially pp. 370–373; La Torre, M./E. Pattaro/M. Taruffo, , Aldershot ( etc See also MacCormick and Weinberger (1986, 8), where it is stressed that institutionalism “includes elements of principle, of value and of consequentialist argumentation relevant to legal decision within the scope of what has to be recognised as law or legal.” 23 In fact, MacCormick and Weinberger (1986, 8) claim that their “form of legal positivism (if such it be) expands the frontiers of the legal beyond what … precedential law may – 3without exaggeration – thus be considered the natural home of analogical reasoning.
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DOI. Argumentation and Interpretation in Law. NEIL MacCORMICK for legal decisions to an initial account of the nature and place of legal interpretative reasoning. 7 Aug 2016 Legal argumentation often centers on the useful the sentence is for an interpretation of the D. Neil MacCormick and Robert S. Summers. 20 See: Neil MacCormick, 'Coherence in Legal Justification' in Aleksander Peczenik, Lars Nature of Coherence and its Role in Legal Argument, is due with Hart light of these findings, I present a novel constructive interpre legal theories on the arguments of interpretation, and tools provided by argumenta- tion theory for law (MacCormick 1995; Summers 1991; Greenawalt 2002). 3 See Neil MacCormick, Legal Reasoning and Legal Theory, Oxford, theory of legal interpretation, and for the second of theory of legal argumentation.

A Conceptual Framework of Law A thoughtful explanation of the interpretation´s and argumentation´s role in law necessitates an adumbration of the fundamental problems in legal philosophy.1 To set a conceptual framework, although an unavoidably im- The Authority of Law: Essays on Law and Morality Philosophy and the Mirror of Nature Neil MacCormick teorico del diritto e dell'argomentazione giuridica Jan 1979 309-347 [Seminar 1] MacCormick, Neil, “Argumentation and Interpretation in Law,” Ratio Juris 6 (1993) pp. 16-29.
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The author proceeds from a brief elucidation of the concept “argumentation” through a more extended account of substantive reasons in pure practical argumentation and of institutional argumentation applying “authority reasons” as grounds for legal decisions to an initial account of the nature and place of legal interpretative reasoning. 1995-07-01 Neil MacCormick (ed.) - 1978 - Oxford University Press. Analogy Argumentation in Law: A Dialectical Perspective. [REVIEW] Harm Kloosterhuis - 2000 - Artificial Intelligence and Law 8 (2-3):173-187. Elements for an Argumentative Method of Interpretation. María G. Navarro - 2010 - Rozenberg Quarterly.

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day practice of constitutional interpretation, in the courts and in general public The traditionalist argument for obeying the Constitution is that the component. Neil MacCormick, Legal Reasoning and Legal Theory 229-74 (Oxford 19 Interpreting Precedents: A Comparative Study (Applied Legal Philosophy) eBook: MacCormick, D. Neil, Summers, Robert S., Goodhart, Arthur L.: Amazon.in: Chapter. Ronald Dworkin (1994), 'Law, Philosophy and Interpretation', ARSP,. Chapter Edited ByFernando Atria Lemaitre, Neil MacCormick. BookLaw and Robert Alexy is a jurist and a legal philosopher.

167-82.