基本説明
Contents : Legal Rules and Indirect Consequentializm; The Dilemma of Rule-Following; Rules and Legal Reasoning; Rules and Constitutionalism.
Full Description
This collection of essays brings together Larry Alexander's key works on rules and legal reasoning. Topics covered include precedent, analogical reasoning, Dworkinian principles and interpretation. An introduction explains the thrust and significance of Alexander's work.
Contents
Part 1 Legal rules and indirect consequentialismindirectly; law and exclusionary reasons. Part 2 The dilemma of rule-following: the gap; the deceptive nature of rules; can law survive the asymmetry of authority?. Part 3 Rules and legal reasoning: precedent - constrained by precedent, precedent; analogy - bad beginnings, the banality of legal reasoning; legal principles - striking back at the empire a brief survey of problems in Dworkin's theory of law, against legal principles, replies to our critics; interpretation - practical reason and statutory interpretation, all or nothing at all? the intentions of authorities and the authority of intentions. Part 4 Rules and constitutionalism: the constitution as law; originalism, or who is Fred?; constitutional tragedies and giving refuge to the devil.
