search for books and compare prices
Tables of Contents for Reason in Law
Chapter/Section Title
Page #
Page Count
Preface
ix
About the Authors
xiii
Reason in Law
xv
What Legal Reasoning Is, and Why It Matters
1
20
An Overview of Law and Politics
1
3
A Definition of Law
4
3
A Definition of Legal Reasoning
7
5
Sources of Official Legal Texts
12
2
The Choices That Legal Reasoning Confronts
14
2
Illustrative Case
16
3
Questions about the Case
19
2
Change and Stability in Legal Reasoning
21
14
Sources of Unpredictibility in Law
23
12
The Disorderly Conduct of Words
23
1
The Unpredictability of Precedents
24
1
Reasoning by Example in General
24
1
Examples in Law
24
1
The Three-Step Process of Reasoning by Example
25
1
How Reasoning by Example Perpetuates Unpredictability in Law
25
1
An Illustration of Unpredictability in Law
26
1
Reasoning by Example Facilitates Legal Change
27
1
Is Unpredictability in Law Desirable?
28
1
The Other Side of the Coin: Stare Decisis as a Stabilizing and Clarifying Element in Law
28
3
Illustrative Cases
31
3
Questions about the Cases
34
1
Common Law
35
33
Origins of Common Law
35
4
Reasoning by Example in Common Law
39
9
The Cherry Tree
40
4
The Pit
44
1
The Diving Board
45
3
Keeping the Common-Law Tradition Alive
48
10
Making Common Law without Close Precedents
49
3
Horizontal Stare Decisis in Common Law
52
1
Rightly Adhering to Precedent Because the Need for Stability and Reliance is Present
52
3
Wrongly Adhering to Precedent When Stability Is Unnecessary
55
3
The Common-Law Tradition Today
58
7
Illustrative Case
65
2
Questions about the Case
67
1
Statutory Interpretation
68
36
What are Statutes?
68
3
Four Misguided Approaches to Statutory Interpretation
71
12
Literalism: Sticking to the Words
72
1
The Golden Rule
73
2
Canons of Statutory Construction
75
3
Legislative Intent
78
1
Other Words in the Statute
79
1
The Expressed Intent of Individual Legislators and Committee Reports
80
1
Other Actions, Events, and Decisions in the Legislature
80
1
The Perils of Legislative Intent
81
2
Purpose: The Key to Wise Statutory Interpretation
83
8
The Centrality of Statutory Purpose
84
1
Determining Purpose: Words Can Help
85
1
Determining Purpose: The Audience
86
1
Determining Purpose: The Assumption of Legislative Rationality and the Uses of Legislative History
86
1
Illustrations of Statutory Purpose
87
1
Two Easy Cases
87
1
The Case of the Lady Jurors, or Why Legislative Intent Does Not Determine Statutory Purpose
88
1
Statutory Purpose in the Cases of Criminal Commerce: Caminetti, McBoyle, and Alpers
88
2
A Final Complication
90
1
Stare Decisis in Statutory Interpretation
91
9
Major League Baseball, Haviland's Dog and Pony Show, and Government Regulation of Business
92
5
The Case against Increased Adherence to Precedent in Statutory Interpretation
97
3
A Summary Statement of the Appropriate Judicial Approach to Statutory Interpretation
100
1
Illustrative Case
101
2
Questions about the Case
103
1
Interpreting the United States Constitution
104
23
``The Supreme Law of the Land''
105
3
Conventional Legal Reasoning in Constitutional Interpretation
108
4
Words as Channels of Meaning
108
2
Original Intent and Purpose
110
2
Stare (In) Decisis
112
1
Judicial Review and Democratic Theory
112
8
Theories of Judicial Self-Restraint
114
3
Political Constraints on the Court
117
3
The Turn to Individual Dignity
120
1
Illustrative Case
121
5
Questions about the Case
126
1
Law and Politics
127
31
Legal Reasoning as Liberal Justification
127
10
A Recap
127
2
Impartiality and Trust
129
1
Impartial Judgment
130
4
The Value of Impartiality
134
2
Applying the Theory
136
1
Legal Reasoning as a Public Language
137
17
Law and Moralistic Communities: The Mann Act Revisited
139
4
Law in Conditions of Diversity: Emerging Issues of Gay Rights
143
11
Conclusion
154
1
Illustrative Case
155
3
Appendix A: Introduction to Legal Procedure and Terminology
158
5
The Case
158
1
Legal Terms
159
4
Appendix B: Bush v. Gore
163
21
Introduction
163
1
The Protest Phase
164
4
The Contest Phase
168
13
Questions
181
2
Conclusion: Why Legal Reasoning Matters
183
1
Credits
184
1
Index
185
4
Index of Cases
189