Justifying Law: The Debate over Foundations, Goals, and Methods - Hardcover

Belliotti, Raymond A.

9780877228189: Justifying Law: The Debate over Foundations, Goals, and Methods

Hardcover

ISBN 10: 0877228183 ISBN 13: 9780877228189

Publisher: Temple Univ Pr, 1992

Entering the perennial debate about the role and definition of law, Raymond A. Belliotti presents a critical survey of a number of philosophical approaches to law and judicial decision making. Against the background of the conflicting orientations represented by Legal Formalism and Legal Realism, he discusses the relationship between law and society. For a decision such as Roe v. Wade, the differing justifications by formalists and realists can affect policy interpretations as well as legal challenges. The application of an implicit right to privacy versus the attempt to enact policy that deals with a social problem and the acceptance of judicial innovation demonstrates how sometimes opposing arguments can reach the same legal decision. While providing his own account of law, Belliotti takes seriously the legal critiques inspired by Marxism and feminism and illustrates how traditional philosophical problems and methods plague legal theory. He also shows the impasses to which our argumentational strategies lead and suggests ways we might transcend those dead ends.
In the context of classical and contemporary legal theories, Justifying Law addresses crucial issues in the formalist/relativist debate. These include: the rationality or irrationality of law; the presence or absence of preexisting "right answers" to legal questions; the role, if any, of normative reasoning in judicial decision making; the appropriate roles for legal and extralegal materials in determining answers to legal questions; and the relationship between the Rule of Law and politics.
Justifying Law traces the philosophical struggle objectivist and relativist accounts of value, knowledge, and the nature of reality. The author suggests a relationship between jurisprudential theory and political affiliation and points out the various rhetorical and argumentational modes used by legal strategists.

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From the Publisher:

A critical survey of a number of philosophical approaches to law and judicial decision-making

From the Inside Flap:

"A comprehensive assessment of traditional and contemporary legal thought, Mr. Belliotti's defense of 'critical pragmatism' is a significant contribution to the literature. This book takes on all the leading theories and takes them on seriously. It is one of the most ambitious and satisfying efforts in print at mediating the seemingly irreconcilable tensions between law's mainstream liberal analysts and its leftist critics."
—Anita L. Allen, Professor of Law, Georgetown University Law Center

"The author brings a critical intelligence and a very impressive scholarship to traditional issues in law. The strength that jumps from the page is a very well informed contemporary reading that avoids clich�s and the limits of much contemporary analysis."
—John Brigham, University of Massachusetts, Amherst, and author of The Cult of the Court (Temple)

"[A]n excellent survey and analysis of major theories in the philosophy of law. The book features intelligent discussions of such diverse approaches as natural law theory, legal positivism, law and economics, feminist jurisprudence, and Critical Legal Studies. Justifying Law is full of insight, clear reasoning, and common sense.... The wide-ranging examination reveals Belliotti's substantial scholarship and keen intelligence.... Through his presentation and commentary on several philosophies of law and individual legal theorists, Belliotti has enriched and advanced jurisprudential dialogue and inquiry."
—Journal of Value Inquiry

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