Background
MacCormick, Donald Neil was born on May 27, 1941 in Glasgow, Scotland. Son of John MacDonald and Margaret Isobel (Miller) MacC.
(Since its first appearance in 1979, this work has establi...)
Since its first appearance in 1979, this work has established itself as a classic of legal philosophy. This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature. Now available in paperback, and with a new foreword by the author, this popular book will continue to be of use to students and teachers of law, legal theory, and philosophy.
http://www.amazon.com/gp/product/0198763840/?tag=2022091-20
(When cases come before courts can we predict the outcome?...)
When cases come before courts can we predict the outcome? Is legal reasoning rationally persuasive, working within a formal structure and using recognizable forms of arguments to produce predictable results? Or is legal reasoning mere "rhetoric" in the pejorative sense, open to use, and abuse, to achieve whatever ends unscrupulous politicians, lawyers and judges desire? If the latter what becomes of the supposed security of living under the rule of law? This book tackles these questions by presenting a theory of legal reasoning, developing the author's classic account given in Legal Reasoning and Legal Theory (OUP, 1978). It explains the essential role syllogism plays in reasoning used to apply the law, and the elements needed in addition to deductive reasoning to give a full explanation of how law is applied and decisions justified through the use of precedent, analogy and principle. The book highlights that problems of interpretation, classification and relevance will always arise when applying general legal standards to individual cases. In justifying their conclusions about such problems, judges need to be faithful to categorical legal reasons and yet fully sensitive to the particulars of the cases before them. How can this be achieved, and how should we evaluate the possible approaches judges could take to solving these problems? By addressing these issues the book asks questions at the heart of understanding the nature of law and the moral complexity of the rule of law.
http://www.amazon.com/gp/product/0199571244/?tag=2022091-20
broadcaster law educator writer
MacCormick, Donald Neil was born on May 27, 1941 in Glasgow, Scotland. Son of John MacDonald and Margaret Isobel (Miller) MacC.
Master of Arts, U. Glasgow, 1963; Bachelor, Balliol College, University of Oxford, England, 1965; Master of Arts, Balliol College, University of Oxford, England, 1969; Doctor of Laws (honorary), University Edinburg, 1982; Doctor of Laws (honorary), University Uppsala, Sweden, 1986; Doctor of Laws (honorary), University The Saarland, Germany, 1994; Doctor of Laws (honorary), Queen's U., Kingston, Ontario, Canada, 1995.
Lecturer jurisprudence, U. St. Andrews, Scotland, 1965-1967; fellow, tutor in jurisprudence, Balliol College, 1967-1972; lecturer law, University of Oxford, 1968-1972; Regius professor public law, University Edinburgh, since 1972; dean faculty of law, University Edinburgh, 1973-1976, 85-88; provost of law and social science, U. Edinburgh, 1993-1997. Member Economics and Social Research Council, United Kingdom, since 1995.
(When cases come before courts can we predict the outcome?...)
(Since its first appearance in 1979, this work has establi...)
(Book by MacCormick, N., Weinberger, Ota)
Fellow British Academy, Royal Society Edinburgh. Member Finnish Academy Sciences (foreign). Member Academia Europaea.
Married Caroline Rona Barr, November 6, 1965 (divorced 1992). Children: Janet, Morag, Sheena. Married Flora Margaret Milne, June 12, 1992.