Liberal Legality: A Unified Theory of our Law

Author : Lewis D. Sargentich (Harvard Law School, Massachusetts)

Paperback

Published : Thursday 8 August 2019

ISBN : 9781108442367

Price : €23.39

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Liberal Legality: A Unified Theory of o...

by Lewis D. Sargentich (Harvard Law School, Massachusetts)

Paperback

08 Aug 2019

LAW
>> Jurisprudence

€23.39

Extended stock – Dispatch 5-7 days

Description

Liberal Legality shows that different kinds of legal argument, rule-based reasoning and reasoning based on principles and policies, share a surprising kinship. The diverse ways of arguing arise from the same root, and they share commitment to secure the rule of law in the service of liberty - liberal legality.

In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.

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