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The Resource Liberal legality : a unified theory of our law, Lewis D. Sargentich, Harvard Law School, Massachusetts

Liberal legality : a unified theory of our law, Lewis D. Sargentich, Harvard Law School, Massachusetts

Label
Liberal legality : a unified theory of our law
Title
Liberal legality
Title remainder
a unified theory of our law
Statement of responsibility
Lewis D. Sargentich, Harvard Law School, Massachusetts
Creator
Author
Subject
Language
eng
Summary
  • "In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality"--
  • "Legality is our topic. According to the vocabulary I use in this essay, legality is law's aspiration. It is law's excellence, a sought condition of law. When legality is realized, a regime of law exists in social life. What I am calling liberal legality, in particular, is a regime of law that helps to secure liberty. In this essay, liberal law is so called because it aspires to achieve a condition of lawfulness that is prized by a political position that prizes equal liberty"--
Assigning source
  • Provided by publisher
  • Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Sargentich, Lewis D
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Law (Philosophical concept)
  • Rule of law
  • Liberalism
  • Law (Philosophical concept)
  • Liberalism
  • Rule of law
Label
Liberal legality : a unified theory of our law, Lewis D. Sargentich, Harvard Law School, Massachusetts
Instantiates
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Machine generated contents note: 1. The idea of law-like law; 2. Argument in a legal system; 3. Practice of legality; 3.1. Instituted discourse; 3.2. Entrenched pursuit; 3.3. Self-conception; 4. Pursuit of the rule of law; 5. Aspiration and impulse; 5.1. Nomological legality; 5.2. Liberal commitment; 5.3. Failure of legality; 5.4. Dual impulse; 6. Deep duality -- formal law; 6.1. Rawls' first view of law; 6.2. A contrary view; 6.3. Law-like formality: Weber; 6.4. Half-right views; 7. Deep duality -- law's ideals; 7.1. A contrary view; 7.2. Law-like ideals: Dworkin; 7.3. Halves of a whole; 7.4. Rawls' second view of law; 8. Two perils for law; 8.1. Liberal law's fears; 8.2. Overcoming peril; 8.3. Deeper danger; 8.4. What follows; 9. Fear of free ideals; 9.1. Warring creeds; 9.2. Moral skepticism; 9.3. What's feared; 10. Fear of open form: 10.1. Unsure concepts; 10.2. Linguistic skepticism; 10.3. What's feared; 11. Modern liberal practice; 11.1. Practice's view of law; 11.2. Two views of disorder; 11.3. Implications of disorder; 12. Legality recapitulated
Dimensions
24 cm
Extent
xii, 176 pages
Isbn
9781108425452
Lccn
2017050594
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1006466109
Label
Liberal legality : a unified theory of our law, Lewis D. Sargentich, Harvard Law School, Massachusetts
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Machine generated contents note: 1. The idea of law-like law; 2. Argument in a legal system; 3. Practice of legality; 3.1. Instituted discourse; 3.2. Entrenched pursuit; 3.3. Self-conception; 4. Pursuit of the rule of law; 5. Aspiration and impulse; 5.1. Nomological legality; 5.2. Liberal commitment; 5.3. Failure of legality; 5.4. Dual impulse; 6. Deep duality -- formal law; 6.1. Rawls' first view of law; 6.2. A contrary view; 6.3. Law-like formality: Weber; 6.4. Half-right views; 7. Deep duality -- law's ideals; 7.1. A contrary view; 7.2. Law-like ideals: Dworkin; 7.3. Halves of a whole; 7.4. Rawls' second view of law; 8. Two perils for law; 8.1. Liberal law's fears; 8.2. Overcoming peril; 8.3. Deeper danger; 8.4. What follows; 9. Fear of free ideals; 9.1. Warring creeds; 9.2. Moral skepticism; 9.3. What's feared; 10. Fear of open form: 10.1. Unsure concepts; 10.2. Linguistic skepticism; 10.3. What's feared; 11. Modern liberal practice; 11.1. Practice's view of law; 11.2. Two views of disorder; 11.3. Implications of disorder; 12. Legality recapitulated
Dimensions
24 cm
Extent
xii, 176 pages
Isbn
9781108425452
Lccn
2017050594
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1006466109

Library Locations

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      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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