Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Arts and Humanities (2)
- Courts (2)
- English Language and Literature (2)
- History (2)
- Judges (2)
-
- Jurisprudence (2)
- Law and Philosophy (2)
- Law and Psychology (2)
- Law and Society (2)
- Legal (2)
- Anthropology (1)
- Civil Rights and Discrimination (1)
- Cognition and Perception (1)
- Common Law (1)
- Constitutional Law (1)
- Cultural History (1)
- Ethics and Political Philosophy (1)
- Feminist, Gender, and Sexuality Studies (1)
- Law and Politics (1)
- Law and Race (1)
- Legal History (1)
- Legal Profession (1)
- Logic and Foundations of Mathematics (1)
- Other Anthropology (1)
- Other Arts and Humanities (1)
- Other English Language and Literature (1)
- Philosophy (1)
- Philosophy of Language (1)
- Philosophy of Mind (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Rules, Tricks And Emancipation, Jessie Allen
Rules, Tricks And Emancipation, Jessie Allen
Book Chapters
Rules and tricks are generally seen as different things. Rules produce order and control; tricks produce chaos. Rules help us predict how things will work out. Tricks are deceptive and transgressive, built to surprise us and confound our expectations in ways that can be entertaining or devastating. But rules can be tricky. General prohibitions and prescriptions generate surprising results in particular contexts. In some situations, a rule produces results that seem far from what the rule makers expected and antagonistic to the interests the rule is understood to promote. This contradictory aspect of rules is usually framed as a downside …
Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen
Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen
Book Chapters
Jeremy Bentham famously insisted on the separation of law as it is and law as it should be, and criticized his contemporary William Blackstone for mixing up the two. According to Bentham, Blackstone costumes judicial invention as discovery, obscuring the way judges make new law while pretending to uncover preexisting legal meaning. Bentham’s critique of judicial phoniness persists to this day in claims that judges are “politicians in robes” who pick the outcome they desire and rationalize it with doctrinal sophistry. Such skeptical attacks are usually met with attempts to defend doctrinal interpretation as a partial or occasional limit on …
Legal Reasoning, Phoebe C. Ellsworth
Legal Reasoning, Phoebe C. Ellsworth
Book Chapters
For more than a century, lawyers have written about legal reasoning, and the flow of books and articles describing, analyzing, and reformulating the topic continues unabated. The volume and persistence of this "unrelenting discussion" (Simon, 1998, p. 4) suggests that there is no solid consensus about what legal reasoning is. Legal scholars have a tenacious intuition - or at least a strong hope - that legal reasoning is distinctive, that it is not the same as logic, or scientific reasoning, or ordinary decision making, and there have been dozens of attempts to describe what it is that sets it apart …