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Reasoning Rights
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Book Synopsis Reasoning from Race by : Serena Mayeri
Download or read book Reasoning from Race written by Serena Mayeri and published by Harvard University Press. This book was released on 2011-05-05 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Informed in 1944 that she was 'not of the sex' entitled to be admitted to Harvard Law School, African American activist Pauli Murray confronted the injustice she called 'Jane Crow.' In the 1960s and 1970s, the analogies between sex and race discrimination pioneered by Murray became potent weapons in the battle for women's rights, as feminists borrowed rhetoric and legal arguments from the civil rights movement. Serena Mayeri's Reasoning from Race is the first book to explore the development and consequences of this key feminist strategy. Mayeri uncovers the history of an often misunderstood connection at the heart of American antidiscrimination law. Her study details how a tumultuous political and legal climate transformed the links between race and sex equality, civil rights and feminism. Battles over employment discrimination, school segregation, reproductive freedom, affirmative action, and constitutional change reveal the promise and peril of reasoning from race--and offer a vivid picture of Pauli Murray, Ruth Bader Ginsburg, and others who defined feminists' agenda. Looking beneath the surface of Supreme Court opinions to the deliberations of feminist advocates, their opponents, and the legal decisionmakers who heard--or chose not to hear--their claims, Reasoning from Race showcases previously hidden struggles that continue to shape the scope and meaning of equality under the law"--Publisher description
Download or read book Reasoning Rights written by Liora Lazarus and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.
Book Synopsis Legal Reasoning and Political Conflict by : Cass R. Sunstein
Download or read book Legal Reasoning and Political Conflict written by Cass R. Sunstein and published by Oxford University Press. This book was released on 1998-02-26 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.
Book Synopsis How to Brief a Case by : John Delaney
Download or read book How to Brief a Case written by John Delaney and published by John Delaney Publications. This book was released on 1987 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Demystifying Legal Reasoning by : Larry Alexander
Download or read book Demystifying Legal Reasoning written by Larry Alexander and published by Cambridge University Press. This book was released on 2008-06-16 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
Book Synopsis Legal Reasoning, Legal Theory and Rights by : MartinP. Golding
Download or read book Legal Reasoning, Legal Theory and Rights written by MartinP. Golding and published by Routledge. This book was released on 2017-07-05 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.
Book Synopsis Principled Reasoning in Human Rights Adjudication by : Se-shauna Wheatle
Download or read book Principled Reasoning in Human Rights Adjudication written by Se-shauna Wheatle and published by Bloomsbury Publishing. This book was released on 2017-04-20 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
Book Synopsis Legal Method and Reasoning by : Sharon Hanson
Download or read book Legal Method and Reasoning written by Sharon Hanson and published by Routledge. This book was released on 2012-09-10 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language skills,study skills, argument skills and legal knowledge are vital to every law student, professional lawyer and academic. Legal Method Reasoning offers a range of 'how to' techniques for acquiring these skills. It shows how to handle and use legal texts, how to read and write about the law, how to acquire disciplined study techniques and how to construct legal arguments. This new edition will be of value to both undergraduate and postgraduate law students.
Book Synopsis Handbook of Legal Reasoning and Argumentation by : Giorgio Bongiovanni
Download or read book Handbook of Legal Reasoning and Argumentation written by Giorgio Bongiovanni and published by Springer. This book was released on 2018-07-02 with total page 773 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
Book Synopsis Legal Reasoning by : Martin P. Golding
Download or read book Legal Reasoning written by Martin P. Golding and published by Broadview Press. This book was released on 2001-03-02 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).
Book Synopsis Law, Politics, and Perception by : Eileen Braman
Download or read book Law, Politics, and Perception written by Eileen Braman and published by University of Virginia Press. This book was released on 2009-10-29 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.
Book Synopsis The Limits of Legal Reasoning and the European Court of Justice by : Gerard Conway
Download or read book The Limits of Legal Reasoning and the European Court of Justice written by Gerard Conway and published by Cambridge University Press. This book was released on 2012-01-12 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.
Book Synopsis Moral Theory and Legal Reasoning by : Scott Brewer
Download or read book Moral Theory and Legal Reasoning written by Scott Brewer and published by Taylor & Francis. This book was released on 1998 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Persuasion and Legal Reasoning in the ECtHR Rulings by : Aleksandra Mężykowska
Download or read book Persuasion and Legal Reasoning in the ECtHR Rulings written by Aleksandra Mężykowska and published by Taylor & Francis. This book was released on 2023-05-24 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience – States, applicants and public opinion – of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one’s private life. The authors looked for paths and repetitive patterns of argumentation and divided them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal and, at the same time, pragmatic and axiologically neutral narrative on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals. The book will be of interest to academics and researchers working in the areas of jurisprudence, human rights law, and law and language.
Book Synopsis Legal Reasoning in Environmental Law by : Douglas Fisher
Download or read book Legal Reasoning in Environmental Law written by Douglas Fisher and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠI am afraid that an endorsement of this kind, however condense and packed with praise, cannot do justice to Doug Fisher�s latest book. A respected and seasoned environmental law scholar, Fisher skilfully reminds us that law is about language and that
Book Synopsis A Short Introduction to Judging and to Legal Reasoning by : Geoffrey Samuel
Download or read book A Short Introduction to Judging and to Legal Reasoning written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2016-08-26 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists themselves (the internal view); and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist (the external view). Combining cases and materials with original text, this unique, concise format is designed for students who are starting out on their law programmes, as well as for students and researchers who would like to examine judging and legal reasoning in more depth.
Book Synopsis The Legal Reasoning of the Court of Justice of the EU by : Gunnar Beck
Download or read book The Legal Reasoning of the Court of Justice of the EU written by Gunnar Beck and published by Bloomsbury Publishing. This book was released on 2013-01-21 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the Court's jurisprudence over more than half a century? The book is divided into two parts. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism and rule instability associated with precedent. Part two examines the jurisprudence of the Court of Justice of the EU against this theoretical framework. The author demonstrates that the ECJ's interpretative reasoning is best understood in terms of a tripartite approach whereby the Court justifies its decisions in terms of the cumulative weight of purposive, systemic and literal arguments. That approach is more in line with orthodox legal reasoning in other legal systems than is commonly acknowledged and differs from the approach of other higher, especially constitutional courts, more in degree than in kind. It nevertheless leaves the Court considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another. The Court's exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra-legal steadying factors of legal reasoning, which include a range of political factors such as sensitivity to Member States' interests, political fashion and deference to the 'EU legislator'. In conclusion, the Court of Justice of the EU has used the flexibility inherent in its interpretative approach and the choice it usually enjoys in determining the relative weight and order of the interpretative criteria at its disposal, to resolve legal uncertainty in the EU primary legal materials in a broadly communautaire fashion subject, however, to i) regard to the political, constitutional and budgetary sensitivities of Member States, ii) depending on the constraints and extent of interpretative manoeuvre afforded by the degree of linguistic vagueness of the provisions in question, the relative status of and degree of potential conflict between the applicable norms, and the range and clarity of the interpretative topoi available to resolve first-order legal uncertainty, and, finally, iii) bearing in mind the largely unpredictable personal element in all adjudication. Only in exceptional cases which the Court perceives to go to the heart of the integration process and threaten its acquis communautaire, is the Court of Justice likely not to feel constrained by either the wording of the norms in issue or by the ordinary conventions of interpretative argumentation, and to adopt a strongly communautaire position, if need be in disregard of what the written laws says but subject to the proviso that the Court is assured of the express or tacit approval or acquiescence of national governments and courts.
