Legal reasoning and legal theory
This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature.
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The Constraint of Formal Justice
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accepted action analogy answer appeal apply argued assertion Chapter claim coherence conclusion consequentialist arguments constitutes context contract course Court criteria of recognition damages decide decision deductive justification defendant discrimination dispute doctrine Donoghue duty Dworkin Ealing London Borough enacted established evaluation example existence explain favour formal justice given ground H.L.A. Hart Hart House of Lords Ibid instance internal involves judges judgment judicial justified lawyers least legal reasoning legal rules legal system legislation liability logical Lord Atkin Lord Denning Lord Macmillan Lord Reid manufacturer matter ment merchantable quality moral negligence norms observed obvious operative facts opinion Oxford Parliament particular party person plaintiff possible precedent premisses problem of interpretation proposition pursuer question ratio decidendi rational relation relevant requirement rule of recognition rules of law Rupert Cross Scots Scots law sense social statement statute statutory theory true valid rules values White's lemonade