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.

Rhetoric, Persuasion, and Interpretation in International Law Iain Scobbie* I. The Art of Rhetoric All games have rules, and all games have strategies for effective play. Ultimately, the aim is to win the game. Legal argumentation inevitably calls upon play-ers to interpret the …

Argumentation and interpretation in law. Neil Maccormick 1 Maccormick, N. Argumentation and interpretation in law. Argumentation 9, 467–480 (1995 Argumentation and Interpretation in Law. Neil Maccormick - 1993 - Ratio Juris 6 (1):16-29. Reconstructing Complex Analogy Argumentation in Judicial Decisions: A Pragma-Dialectical Perspective. American Legal Argumentation: The Law and Literature/Rhetoric Movement.

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. The First Phase: Defending Deductivism (and Rejecting Strong Discretion) – 2.2. MacCormick vs Hart (and Dworkin) – 2.3.

Argumentation 9, 467–480 (1995). https://doi.org/10.1007/BF00733152. Download citation.

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.

jurisprudence and a defender of legal positivism, Neil Mac Cormick, has offered in response a theory of legal reasoning that he considers to be "essentially Hartian, grounded in or at least fully compatible with Hart's legal-positivistic analysis of the concept of law."2 He does not, however, explain in so Part I. A life in law and politics. 1. The cosmopolitan local / Neil Walker Pt. II. The seven big themes in MacCormick's legal and political theory. 2.

pp. 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

Neil maccormick argumentation and interpretation in law

of standard that can be used in the interpretation process. To choose a method therefore involves choosing an argument. There can be many different kinds of argument, and the argumentation of the interpretation as a whole can be very Neil Mac Cormick first put forward his thoughts on legal reasoning in a book entitled Legal Reasoning and Legal Theory (hereinafter Legal Reasoning).3 MacCormick's aim in Legal Rea soning was to explain the nature of legal argumentation as it manifests itself in court decisions.4 He focused on the legal sys 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 Neil MacCormick authors 'Statement of Evidence by the SNP' to the Select Committee of the House of Lords on A Bill of Rights, 2 August 1977. Neil MacCormick participates in the SNP Committee on the Structure of Central Government, and drafts related SNP policy, September-October 1977. Scotland Bill introduced, November 1977. Publications jurisprudence and a defender of legal positivism, Neil Mac Cormick, has offered in response a theory of legal reasoning that he considers to be "essentially Hartian, grounded in or at least fully compatible with Hart's legal-positivistic analysis of the concept of law."2 He does not, however, explain in so 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 an explanation of the nature of legal argumentation as manifested in the public process of litigation and adjudication upon disputed matters of law.'2 MacCormick views legal argumentation as a highly intricate process of justification, and this forms the focal point of Legal Reasoning and Legal Theory.

Neil MacCormick’s Legal Positivism . Vittorio Villa. In this paper I will dwell on one of the most important points in MacCormick’s thought: his conception of legal positivism. The paper will develop in the following way. In the next section I will present my conceptual definition of legal positivism. Statutes: A Comparative St udy, ed.
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Ingår i: Interpreting statutes : a comparative study / ed.

Publications an explanation of the nature of legal argumentation as manifested in the public process of litigation and adjudication upon disputed matters of law.'2 MacCormick views legal argumentation as a highly intricate process of justification, and this forms the focal point of Legal Reasoning and Legal Theory. Neil MacCormick on interpretation, defeasibility, and the Rule of Law. Conference on Legal reasoning and European laws: The perspective of Neil MacCormick G Pino Sir Neil MacCormick published his book Legal Reasoning and Legal Theory in 1978.
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Legal reasoning as a special case of moral reasoning / Aleksander Peczenik. Juridisk argumentation : en lärobok i allmän rättslära / Aleksander Peczenik. Ingår i: Interpreting statutes : a comparative study / ed. by D. Neil MacCormick and

1995-07-01 Neil MacCormick (ed.) - 1978 - Oxford University Press. Analogy Argumentation in Law: A Dialectical Perspective.

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DONALD NEIL MACCORMICK was born in Glasgow on 27 May 1941, the son of John crucial in interpreting his distinctive place in legal and political philoso- phy. prose is direct and clear, the mode argumentative rather than expository

BookLaw and terms of general propositions”); Neil MacCormick, Legal Reasoning and Legal. Theory 161, 186 constitutionalism and legal interpretation.10 (Cass Sunstein. 23 Sep 2019 Alexy, R. (1989), Theory of legal argumentation: The theory of rational discourse as theory of legal justification (Ruth Adler, & Neil MacCormick, 15 Sep 2020 In the book, I argue that the Trial Chamber's interpretation of the crime of I argue in the book that 'the argument that the use of domestic law breached In Chapter 5, I include a quote from Neil MacCormick 20 Nov 1972 principle enjoys almost universal acceptance in the legal systems of See D. Neil MacCormick & Robert S. Summers, Interpretation and Justification, component: the argument is that only through a system of interp 12 Aug 2016 Argumentation about the Meaning of Statutory interpretation of law D. Neil MacCormick and Robert S. Summers, Interpreting statutes, arguments is to resolve what Professor Neil MacCormick referred to as. “ problems of different function in statutory interpretation in continental European law,.

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

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.

At times the arguments will more easily be followed by legal theorists t MacCormick, “Statutory Interpretation in the United Kingdom”, in: Neil D. MacCormick/R.