The Rule of Rules ：Morality, Rules, and the Dilemmas of Law ( e-Duke books scholarly collection. )

Publication subTitle ：Morality, Rules, and the Dilemmas of Law

Publication series ：e-Duke books scholarly collection.

Author： Larry Alexander  

Publisher： Duke University Press‎

Publication year： 2001

E-ISBN: 9780822380023

P-ISBN(Hardback):  9780822327363

Subject： D90 theory of law (jurisprudence)

Keyword： Jurisprudence., Law and ethics., Law -- Philosophy.

Language： ENG

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Description

Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma.
Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion.
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Chapter

Contents

Contents

Contents

Contents

Acknowledgments

Acknowledgments

Acknowledgments

Acknowledgments

Introduction

Introduction

Introduction

Introduction

part I . the circumstances of law

part I . the circumstances of law

part I . the circumstances of law

part I . the circumstances of law

1. Disagreement, Uncertainty, and Authoritative Settlement

1. Disagreement, Uncertainty, and Authoritative Settlement

1. Disagreement, Uncertainty, and Authoritative Settlement

1. Disagreement, Uncertainty, and Authoritative Settlement

2. Settlement Requisites and the Nature of Authoritative Rules

2. Settlement Requisites and the Nature of Authoritative Rules

2. Settlement Requisites and the Nature of Authoritative Rules

2. Settlement Requisites and the Nature of Authoritative Rules

3. Hierarchies of Rules

3. Hierarchies of Rules

3. Hierarchies of Rules

3. Hierarchies of Rules

part II . acting under rules

part II . acting under rules

part II . acting under rules

part II . acting under rules

5. Interpretation of Rules

5. Interpretation of Rules

5. Interpretation of Rules

5. Interpretation of Rules

4. The Problem of Rules

4. The Problem of Rules

4. The Problem of Rules

4. The Problem of Rules

part III. issues of legal reasoning

part III. issues of legal reasoning

part III. issues of legal reasoning

part III. issues of legal reasoning

6. Reasoning by Analogy

6. Reasoning by Analogy

6. Reasoning by Analogy

6. Reasoning by Analogy

7. Reasoning in Light of Precedent

7. Reasoning in Light of Precedent

7. Reasoning in Light of Precedent

7. Reasoning in Light of Precedent

8. Reasoning from Legal Principles

8. Reasoning from Legal Principles

8. Reasoning from Legal Principles

8. Reasoning from Legal Principles

part IV. the settlement function and jurisprudential debates

part IV. the settlement function and jurisprudential debates

part IV. the settlement function and jurisprudential debates

part IV. the settlement function and jurisprudential debates

9. Legal Positivism and Natural Law

9. Legal Positivism and Natural Law

9. Legal Positivism and Natural Law

9. Legal Positivism and Natural Law

10. Lex, Rules, and Some Miscellaneous Problems of Jurisprudence

10. Lex, Rules, and Some Miscellaneous Problems of Jurisprudence

10. Lex, Rules, and Some Miscellaneous Problems of Jurisprudence

10. Lex, Rules, and Some Miscellaneous Problems of Jurisprudence

Notes

Notes

Notes

Notes

Index

Index

Index

Index

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