Items related to The Rule of Rules: Morality, Rules, and the Dilemmas...
Synopsis
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.
Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
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.
Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
"synopsis" may belong to another edition of this title.
About the Author
Larry Alexander is Warren Distinguished Professor of Law at the University of San Diego.
Emily Sherwin is Professor of Law at the University of San Diego.
From the Back Cover
"This book not only substantially advances our understanding of the nature of rules themselves, but is by some margin the best treatment there is of the relationship between rules and law. In an era in which context, flexibility, and discretion are often uncritically celebrated, this book throws down the gauntlet for a rule-based understanding of law. No one who is interested in the nature of legal reasoning and legal decision-making can afford to ignore this book, and no one who is skeptical about the importance of rules to law can avoid the challenges that Alexander and Sherwin present."--Frederick Schauer, Harvard University
"About this title" may belong to another edition of this title.
Search results for The Rule of Rules: Morality, Rules, and the Dilemmas...
Stock Image
The Rule of Rules: Morality, Rules, and the Dilemmas of Law
Seller: HPB-Emerald, Dallas, TX, U.S.A.
Seller rating 5 out of 5 stars
hardcover. Condition: Very Good. Connecting readers with great books since 1972! Used books may not include companion materials, and may have some shelf wear or limited writing. We ship orders daily and Customer Service is our top priority! Seller Inventory # S_465178955
Seller Image
The Rule of Rules: Morality, Rules, and the Dilemmas of Law
Seller: Volunteers of America Ohio & Indiana, Columbus, OH, U.S.A.
Seller rating 4 out of 5 stars
Condition: very_good. Seller Inventory # VOAV.0822327368.VG
Stock Image
THE RULE OF RULES: MORALITY, RULES AND THE DILEMMAS OF LAW
Published by
Duke University Press, Durham and London, 2001
ISBN 10: 0822327368
ISBN 13: 9780822327363
Used
Hardcover
Seller: Second Story Books, ABAA, Rockville, MD, U.S.A.
Seller rating 4 out of 5 stars
Hardcover. Octavo, viii, 279 pages. In Very Good condition with a Very Good dust jacket. Spine black/orange with orange and white lettering. Dust jacket has slight shelf wear with few, minor indentations to front joint and light edge wear. Boards show minimal wear. Text block has light wear to the edges. NOTE: Shelved in Netdesk Column H, ND-H. 1379042. FP New Rockville Stock. Seller Inventory # 1379042
Stock Image
The Rule of Rules: Morality, Rules, and the Dilemmas of Law
Published by
Duke University Press Books, 2001
ISBN 10: 0822327368
ISBN 13: 9780822327363
Used
Hardcover
Seller: Midtown Scholar Bookstore, Harrisburg, PA, U.S.A.
Seller rating 5 out of 5 stars
hardcover. Condition: Good. HARDCOVER Good - Bumped and creased book with tears to the extremities, but not affecting the text block, may have remainder mark or previous owner's name - GOOD Standard-sized. Seller Inventory # M0822327368Z3
Stock Image
The Rule of Rules: Morality, Rules, and the Dilemmas of Law
Seller: YESIBOOKSTORE, MIAMI, FL, U.S.A.
Seller rating 5 out of 5 stars
hardcover. Condition: As New. Seller Inventory # 0822327368-VB
Stock Image
The Rule of Rules: Morality, Rules, and the Dilemmas of Law
Seller: THE SAINT BOOKSTORE, Southport, United Kingdom
Seller rating 5 out of 5 stars
Hardback. Condition: New. New copy - Usually dispatched within 4 working days. Seller Inventory # B9780822327363
Buy New
US$ 152.73
US$ 23.15 shipping
Ships from United Kingdom to U.S.A.
Ships from United Kingdom to U.S.A.
Quantity: 1 available
Seller Image
The Rule of Rules
Published by
Duke University Press, US, 2001
ISBN 10: 0822327368
ISBN 13: 9780822327363
New
Hardcover
Seller: Rarewaves USA, HEBRON, KY, U.S.A.
Seller rating 5 out of 5 stars
Hardback. Condition: New. 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. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules. Seller Inventory # LU-9780822327363
Seller Image
The Rule of Rules : Morality, Rules, and the Dilemmas of Law
Published by
Duke University Press Aug 2001, 2001
ISBN 10: 0822327368
ISBN 13: 9780822327363
New
Hardcover
Seller: AHA-BUCH GmbH, Einbeck, Germany
Seller rating 5 out of 5 stars
Buch. Condition: Neu. Neuware - 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. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules. Seller Inventory # 9780822327363
Buy New
US$ 166.90
US$ 39.11 shipping
Ships from Germany to U.S.A.
Ships from Germany to U.S.A.
Quantity: 1 available
Seller Image
The Rule of Rules
Published by
Duke University Press, US, 2001
ISBN 10: 0822327368
ISBN 13: 9780822327363
New
Hardcover
Seller: Rarewaves USA United, HEBRON, KY, U.S.A.
Seller rating 5 out of 5 stars
Hardback. Condition: New. 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. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules. Seller Inventory # LU-9780822327363