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Political Science

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Reason in Law, 6/E
Lief H. Carter, Colorado College
Thomas F. Burke, Wellesley College

ISBN-10: 0321085604
ISBN-13: 9780321085603

Publisher: Longman
Copyright: 2002
Format: Paper; 208 pp
Status: Out of Print

Suggested retail price: $51.60
This item is out of print and is no longer available for purchase.

This accessible and lively text examines the relationship between law and politics and emphasizes the political importance of sound legal reasoning.

Reason in Law teaches students how to examine judicial decisions—how to become “thoughtful judges of judging.” Using cases ripped from the headlines—such as Gore v. Bush, the Elian Gonzalez saga, and the Napster litigation—authors Carter and Burke teach through illustrative examples and have assembled a gallery of fascinating cases to engage student interest.

  • The text builds a bridge between empirical study of legal institutions and normative theories about law, two realms that are often separated in both research and teaching. Empirical research on the behavior of judges is discussed in depth, and these findings are integrated with recent developments in legal theory to show how each sheds light on the other. This makes Reason in Law appropriate for both empirically-driven courses like Judicial Process, as well as legal theory courses like Constitutional Law or Jurisprudence.
  • Each chapter ends with cases that challenge students to evaluate and apply what they've learned and observed.
  • Describes the historical roots and evolution of law in the U.S.. Students learn that law is dynamic, not a list of “right answers.”

  • Analysis of Gore v. Bush. A new appendix contains excerpts from the case. Analysis of the historic decision in Chapters 1 and 4, and references to it in Chapters 5 and 6. The book discusses why this decision has been denounced by so many legal scholars, even those sympathetic to George Bush, and how it will affect the standing of the judiciary in American life.
  • Other important, fascinating new cases and references: Napster litigation; Microsoft antitrust woes; Elian Gonzalez; Clinton's impeachment litigation; internet indecency cases; personal injury lawsuits against gun and tobacco manufacturers.
  • Focus on emerging gay rights issues in Chapter 6.



1. What Legal Reasoning Is, and Why It Matters.

An Overview of Law and Politics.

A Definition of Law.

A Definition of Legal Reasoning.

Sources of Official Legal Texts.

The Choices That Legal Reasoning Confronts.

Illustrative Case.

Questions About the Case.



2. Change and Stability in Legal Reasoning.

Sources of Unpredictability in Law.

Is Unpredictability in Law Desirable?

The Other Side of the Coin: Stare Decisis as a Stabilizing and Clarifying Element in Law.

Illustrative Cases.

Questions About the Cases.



3. Common Law.

Origins of Common Law.

Reasoning By Example in Common Law.

Keeping the Common Law Tradition Alive.

The Common Law Tradition Today.

Illustrative Case.

Questions About the Case.



4. Statutory Interpretation.

What Are Statutes?

Four Misguided Approaches to Statutory Interpretation.

Purpose: The Key to Wise Statutory Interpretation.

Stare Decisis in Statutory Interpretation.

A Summary Statement of the Appropriate Judicial Approach to Statutory Interpretation.

Illustrative Case.

Questions About the Case.



5. Interpreting The United States Constitution.

“The Supreme Law of the Land.”

Conventional Legal Reasoning in Constitutional Interpretation.

Judicial Review and Democratic Theory.

The Turn to Individual Dignity.

Illustrative Case.

Questions Abut the Case.



6. Law and Politics.

Legal Reasoning as Liberal Justification.

Legal Reasoning as a Public Language.

Conclusion.

Illustrative Case.



Appendix A: Introduction to Legal Procedure and Terminology.


Appendix B: Bush v. Gore.


Credits.


Index.


Index of Cases.

    With a new foreword by Sanford Levison, a new appendix on Terry Shiavo, and updates on the appointment process and detainees in Guantanomo Bay, this engaging and lively text examines the relationship between law and politics and emphasizes the political importance of sound legal reasoning.

     

    Reason in Law examines the intersection of law and politics: legal reasoning. It teaches students how to examine judicial decisions, encouraging them to become “thoughtful judges of judging.” Using cases ripped from the headlines—such as the Alabama federal courthouse “Ten Commandments” case, Ashcroft v. Oregon, and Lawrence v. Texas—authors Carter and Burke teach through illustrative examples and have assembled a gallery of fascinating cases to engage student interest.

     

    Ultimately, the text attempts to answer the question: “How can a pluralistic society be ruled legitimately?” If people of differing political allegiances can interpret the same legal text quite differently, how can the rule of law be properly applied?

  • 0321439422Reason in Law Update, Longman Classics Edition, 7/E
    Carter & Burke
    © 2007 | Longman | Paper; 208 pages | Instock
    ISBN-10: 0321439422 | ISBN-13: 9780321439420
    Brief Description | Buy from myPearsonStore

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