Reason in Law

ISBN-10: 0321085604
ISBN-13: 9780321085603
Edition: 6th 2002
List price: $49.60
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Description: This lively and insightful book is a must-read for anyone interested in understanding why judges made the decisions they did in such current cases as the the Alabama federal courthouse Ten Commandments case, "Ashcroft v. Oregon" (Oregon's " right to  More...

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Book details

List price: $49.60
Edition: 6th
Copyright year: 2002
Publisher: Longman Publishing Group
Publication date: 6/13/2001
Binding: Paperback
Pages: 208
Size: 6.25" wide x 9.00" long x 0.75" tall
Weight: 0.638

This lively and insightful book is a must-read for anyone interested in understanding why judges made the decisions they did in such current cases as the the Alabama federal courthouse Ten Commandments case, "Ashcroft v. Oregon" (Oregon's " right to die" law) and "Lawrence v. Texas" (constitutionality of sodomy laws). The book also examines recent legal controversies over internet music file-swapping and the targeting of " ordinary people" by record companies, internet pornography, the Pledge of Allegiance, and Victoria's Secret. What Legal Reasoning Is, and Why It Matters; Common Law; Interpreting The United States Constitution; Law and Politics; Introduction to Legal Procedure and Terminology; Bush v. Gore. Anyone who wants to know more about recent legal controversies and why judges make the decisions they do.

Lief H. Carter served as Colorado College's McHugh Distinguished Professor of American Institutions and Leadership from 1995 to 2004. He taught at the University of Georgia from 1973 to 1995. He is the author of Reason in Law, Seventh Edition and has published major texts in constitutional law, legal reasoning, and administrative law. He was the first faculty member at the University of Georgia to receive the top award for teaching intwo different years, and he has won national awards and recognition from the American Political Science Association.

Preface
About the Authors
Reason in Law
What Legal Reasoning Is, and Why It Matters
An Overview of Law and Politics
A Definition of Law
A Definition of Legal Reasoning
Sources of Official Legal Texts
The Choices That Legal Reasoning Confronts
Illustrative Case
Questions about the Case
Change and Stability in Legal Reasoning
Sources of Unpredictibility in Law
The Disorderly Conduct of Words
The Unpredictability of Precedents
Reasoning by Example in General
Examples in Law
The Three-Step Process of Reasoning by Example
How Reasoning by Example Perpetuates Unpredictability in Law
An Illustration of Unpredictability in Law
Reasoning by Example Facilitates Legal Change
Is Unpredictability in Law Desirable?
The Other Side of the Coin: Stare Decisis as a Stabilizing and Clarifying Element in Law
Illustrative Cases
Questions about the Cases
Common Law
Origins of Common Law
Reasoning by Example in Common Law
The Cherry Tree
The Pit
The Diving Board
Keeping the Common-Law Tradition Alive
Making Common Law without Close Precedents
Horizontal Stare Decisis in Common Law
Rightly Adhering to Precedent Because the Need for Stability and Reliance is Present
Wrongly Adhering to Precedent When Stability Is Unnecessary
The Common-Law Tradition Today
Illustrative Case
Questions about the Case
Statutory Interpretation
What are Statutes?
Four Misguided Approaches to Statutory Interpretation
Literalism: Sticking to the Words
The Golden Rule
Canons of Statutory Construction
Legislative Intent
Other Words in the Statute
The Expressed Intent of Individual Legislators and Committee Reports
Other Actions, Events, and Decisions in the Legislature
The Perils of Legislative Intent
Purpose: The Key to Wise Statutory Interpretation
The Centrality of Statutory Purpose
Determining Purpose: Words Can Help
Determining Purpose: The Audience
Determining Purpose: The Assumption of Legislative Rationality and the Uses of Legislative History
Illustrations of Statutory Purpose
Two Easy Cases
The Case of the Lady Jurors, or Why Legislative Intent Does Not Determine Statutory Purpose
Statutory Purpose in the Cases of Criminal Commerce: Caminetti, McBoyle, and Alpers
A Final Complication
Stare Decisis in Statutory Interpretation
Major League Baseball, Haviland's Dog and Pony Show, and Government Regulation of Business
The Case against Increased Adherence to Precedent in Statutory Interpretation
A Summary Statement of the Appropriate Judicial Approach to Statutory Interpretation
Illustrative Case
Questions about the Case
Interpreting the United States Constitution
"The Supreme Law of the Land"
Conventional Legal Reasoning in Constitutional Interpretation
Words as Channels of Meaning
Original Intent and Purpose
Stare (In) Decisis
Judicial Review and Democratic Theory
Theories of Judicial Self-Restraint
Political Constraints on the Court
The Turn to Individual Dignity
Illustrative Case
Questions about the Case
Law and Politics
Legal Reasoning as Liberal Justification
A Recap
Impartiality and Trust
Impartial Judgment
The Value of Impartiality
Applying the Theory
Legal Reasoning as a Public Language
Law and Moralistic Communities: The Mann Act Revisited
Law in Conditions of Diversity: Emerging Issues of Gay Rights
Conclusion
Illustrative Case
Introduction to Legal Procedure and Terminology
The Case
Legal Terms
Bush v. Gore
Introduction
The Protest Phase
The Contest Phase
Questions
Conclusion: Why Legal Reasoning Matters
Credits
Index
Index of Cases

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