Reform and tradition: changes and continuities in Neil MacCormick's concept of law / Massimo La Torre - 5. The master rule, normativity, and the institutional theory of law / Stefano Bertea Pt. IV. Jurisprudence. 6. Some reflections on the relationship between law and morality-Neil MacCormick's point of view / Marina Lalatta Costerbosa - 7.

New Approaches to Legal Reasoning as Used in Case-Law - Summary The phenomenon of legal interpretation and argumentation theory has become increasingly popular in the Czech Republic. The thesis first aims to summarize theories (or methodologies) of three Anglo-Saxon scholars, Neil MacCormick, Ronald Dworkin and William N. Eskridge.

American Legal Argumentation: The Law and Literature/Rhetoric Movement. [REVIEW] Eileen A. Scallen - 1995 - Argumentation 9 (5):705-717. Neil MacCormick's Second Thoughts on Legal Reasoning and Legal Theory. Argumentation and interpretation in Law . By Neil MacCormick.

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.

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.

The Second Phase: Towards Interpretivism – 3. Law and 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 has traditionally be dealt with by positivists.” 24 These positivist [Seminar 1] MacCormick, Neil, “Argumentation and Interpretation in Law,” Ratio Juris 6 (1993) pp. 16-29. [Seminar 7] -, “The Artificial Reason and Judgement of Law,” in Neil MacCormick & Aulis Aarnio (eds), Legal Reasoning (1993) pp.

Neil McCormick, Argumentation and Interpretation in Law, 16 Ratio Juris 16 (1993) at 25. [9] James Donato, Dworkin and Subjectivity in Legal Interpretation , 40(6) Stanford. L.

Reconstructing Complex Analogy Argumentation in Judicial Decisions: A … (v) The argument from general principles of law says that if any general principle or principles of law are applicable to the subject matter of a statutory provision, one ought to favour that interpretation of the statutory provision which is most in conformity with the general principle or principles, giving appropriate weight to the principle(s) in the light of their degree of importance both generally and in the field of law … Then he explores the three mains categories of interpretative arguments, linguistic, systemic and teleological/deontological arguments, and he examines the problem of conflicts of interpretation … 2011-01-08 between principled and pragmatic approaches to legal reasoning, we examine Neil MacCormick’s positivistic and Ronald Dworkin’s anti-positivistic theory of legal reasoning as examples of the principled approach; and we study William Eskridge’s dynamic approach to statutory interpretation as an example of the pragmatic approach. [N. MacCormick. 1] 1.

Neil maccormick argumentation and interpretation in law

The paper will develop in the following way. In the next section I will present my conceptual definition of legal positivism. 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. Neil MacCormick on Interpretation, Defeasibility, and the Rule of Law ∗∗ 1. Introduction - 2. Legal Reasoning and Interpretation – 2.1.
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As Neil MacCormick points out, “argument from analogy is by no means uncommon or unimportant in the application and interpretation of This book offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known ‘institutional theory of law’, defining law as ‘institutional normative order’ and explaining each of these three terms in depth. 2001-05-29 · Interpretation appears to blur or even erase the line between the separate law-finding and law-creating roles which many legal positivists ascribe to judges, and the fact that courts always seem to be able to decide cases by interpreting the law may also seem to cast doubt on the idea that the law is incomplete, and hence that judges sometimes have to reach outside of the law in the Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. New Approaches to Legal Reasoning as Used in Case-Law - Summary The phenomenon of legal interpretation and argumentation theory has become increasingly popular in the Czech Republic.

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In his theory of legal justification Neil MacCormick tries to formulate a solution for one of the central problems in modern legal theory. He explains how, in so-called hard cases in which a judge

MacCormick – Weinberger An Institutional Theory of Law 1986, s. Exemplet som här återgetts är i den något förlängda form som går att finna i Searle Expression and meaning 1979, s. Dock om ett argument borde lyftas fram som det mest utnyttjade i syfte att tala emot MacCormick, Neil: Rhetoric and the Rule of Law. av P Slotte · 2005 · Citerat av 5 — religiös dialog och en möjlighet att stödja human rights law moraliskt? bl.a. om Küng med sin argumentation kan förse oss med insikter som är av värde för underlying interpretation of the nature of human rights: what kind of an entity are Wellman hänvisar till Neil MacCormick som enligt honom på ett övertygande sätt. av GUN HÄGERFELTH · Citerat av 77 — MacCormick &. Donato (2000) tar upp the multiple relations between linguistic means and social meaning.

More by Neil MacCormick. 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)

[Anm. av] Neil McCormick, Legal reasoning and legal theory, Oxford. 1978; Jean Legal reasoning as a special case of moral reasoning / Aleksander Peczenik.

Čaklina Harašič, MORE ABOUT TELEOLOGICAL ARGUMENTATION IN LAW Žaklina Harašić, PhD, Associate Professor* MORE ABOUT TELEOLOGICAL ARGUMENTATION IN LAW Summary: Teleological argumentation is a means of legal interpretation. Much has been written about legal and teleological argumentation. Why do we then deal with 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.