Preface |
|
vii | |
Acknowledgements |
|
viii | |
|
Table of cases and practice directions |
|
|
ix | |
|
|
xiii | |
Introduction |
|
1 | (4) |
|
1 What judging and legal reasoning have been |
|
|
5 | (31) |
|
1.1 Roman legal reasoning |
|
|
5 | (3) |
|
|
8 | (3) |
|
|
11 | (4) |
|
1.4 Legal reasoning in the later civil law |
|
|
15 | (5) |
|
1.5 Legal formalism (dogmatics) |
|
|
20 | (3) |
|
|
23 | (3) |
|
1.7 Legal reasoning in the common law |
|
|
26 | (5) |
|
1.8 Interpretation of statutes |
|
|
31 | (2) |
|
|
33 | (3) |
|
Further reading and questions |
|
|
34 | (2) |
|
2 Judging and legal reasoning today (`official portrait') (1) |
|
|
36 | (19) |
|
|
36 | (1) |
|
2.2 Applying the rule model |
|
|
37 | (2) |
|
|
39 | (1) |
|
|
40 | (7) |
|
2.5 Rules of interpretation |
|
|
47 | (3) |
|
|
50 | (5) |
|
Further reading and questions |
|
|
53 | (2) |
|
3 Judging and legal reasoning today (`official portrait') (2) |
|
|
55 | (28) |
|
|
55 | (4) |
|
|
59 | (1) |
|
|
60 | (5) |
|
|
65 | (4) |
|
|
69 | (5) |
|
|
74 | (3) |
|
3.7 Remedies and reasoning |
|
|
77 | (2) |
|
3.8 Reflections on the official portrait |
|
|
79 | (4) |
|
Further reading and questions |
|
|
82 | (1) |
|
4 The `unofficial portrait' |
|
|
83 | (26) |
|
|
83 | (4) |
|
|
87 | (3) |
|
4.3 Fact reconstruction and remedies |
|
|
90 | (1) |
|
4.4 Interpretation and schemes of intelligibility |
|
|
91 | (3) |
|
4.5 Reasoning through images |
|
|
94 | (3) |
|
4.6 Reasoning and the persona |
|
|
97 | (6) |
|
4.7 Excursus: persona and fiction |
|
|
103 | (2) |
|
4.8 Image: construction and representation (representation theory) |
|
|
105 | (4) |
|
Further reading and questions |
|
|
108 | (1) |
|
5 The relationship between the official and unofficial portraits (1) |
|
|
109 | (22) |
|
|
109 | (7) |
|
5.2 Authority and coherence |
|
|
116 | (2) |
|
5.3 Authority and justice |
|
|
118 | (2) |
|
|
120 | (2) |
|
5.5 Authority and structuralism |
|
|
122 | (4) |
|
5.6 Authority as restraint |
|
|
126 | (2) |
|
5.7 Authority and evidence |
|
|
128 | (3) |
|
Further reading and questions |
|
|
129 | (2) |
|
6 The relationship between the official and unofficial portraits (2) |
|
|
131 | (25) |
|
6.1 Inquiry paradigm and schemes of intelligibility |
|
|
131 | (3) |
|
6.2 Explanation (causation) versus meaning (hermeneutics) |
|
|
134 | (2) |
|
6.3 Inquiry paradigm and human beings |
|
|
136 | (3) |
|
|
139 | (1) |
|
6.5 Actionalism and methodological individualism |
|
|
140 | (3) |
|
6.6 Structuralism versus hermeneutics (reception theory) |
|
|
143 | (5) |
|
6.7 Postmodern and post-axiomatic approaches |
|
|
148 | (3) |
|
6.8 Law as fiction (fiction theory) |
|
|
151 | (5) |
|
Further reading and questions |
|
|
155 | (1) |
Conclusions |
|
156 | (10) |
Bibliography |
|
166 | (3) |
Index |
|
169 | |