ABSTRACT

Originally published in 1968. This is a critical study of the concept of ‘rule’ featuring in law, ethics and much philosophical analysis which the author uses to investigate the concept of ‘rationality’. The author indicates in what manner the modes of reasoning involved in reliance upon rules are unique and in what fashion they provide an alternative both to the modes of logico-mathematical reasoning and to the modes of scientific reasoning. This prepares the groundwork for a methodology meeting the requirements of the fields using rules such as law and ethics which could be significant for communications theory and the use of computers in normative fields. Other substantive issues related to the mainstream of legal philosophy are discussed - theories of interpretation, the notion of purpose and the requirements of principled decision-making. The book utilizes examples drawn from English and American legal decisions to suggest how the positions of legal positivism and of natural law are equally artificial and misleading.

chapter I|3 pages

Introduction

chapter II|19 pages

Some Notions of Rationality and Law

chapter III|17 pages

The Logic of Reasoning with Rules

chapter IV|16 pages

The Facts

chapter VI|13 pages

Precedent

chapter VII|14 pages

The Interpretation of Rules

chapter VIII|15 pages

The Role of Purpose

chapter X|23 pages

Principled Choice and Competing Interests

chapter XI|28 pages

Conclusion