Rhetoric and The Rule of Law

Can the arguments of lawyers be rationally persuasive even if logically inconclusive? If not what becomes of the supposed security of living under the rule of law? This book answers these issues by offering a theory of legal reasoning and interpretation that addresses central problems in understanding the nature of law and the value of legality.

(Oxford)

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Joe Thomson, Edinburgh Law Review, Vol 13, Rhetoric and the Rule of Law is a fine work. It is stimulating: it makes the reader want to argue and test its tenets. It is too good to be read only by legal theorists.

James Lee, University of Birmingham, Jurisprudence Its erudite elegance means that it will serve as an excellent introduction to jurisprudence for undergraduates, as well as providing a major contribution to legal philosophy. MacCormick reaffirms the dialectic between the universal and the particular.

(Oxford)

1. Prologue; 2. Rhetoric and the Rule of Law; 3. The Legal Syllogism; 4. Defending Deduction; 5. Universalising Deduction; 6. Judging by Consequences; 7. Being Reasonable; 8. Arguing About Interpretation; 9. Using Precedents; 10. Legal Narratives; 11. Principles, Consistency and Coherence; 12. Arguing Defeasibly; 13. Judging Mistakenly

(Oxford)