Liberal legality : a unified theory of our law / Lewis D. Sargentich, Harvard Law School, Massachusetts.
2018
K230.S2549 A35 2018 (Map It)
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Title
Liberal legality : a unified theory of our law / Lewis D. Sargentich, Harvard Law School, Massachusetts.
Published
Cambridge, United Kingdom ; New York : Cambridge University Press, 2018.
Call Number
K230.S2549 A35 2018
ISBN
9781108425452 hardcover
1108425453 hardcover
1108425453 hardcover
Description
xii, 176 pages ; 24 cm
System Control No.
(OCoLC)1006466109
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"-- Provided by publisher.
"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"-- Provided by publisher.
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Cardozo Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Cardozo Fund
Table of Contents
Preface: Law's Quest
xi
Introduction: Toward Unification
1
0.1.
Formative Commitment
4
0.2.
Commitment Unfolds
6
0.3.
Unified Understanding
7
0.4.
Our Legal Practice
9
1.
Idea of Law-Like Law
12
1.1.
Nomological Legality
13
1.2.
Entrenched Aspiration
15
2.
Argument in a Legal System
18
2.1.
Features of a Legal System
19
2.2.
Canons of Argument
21
2.3.
What Follows
25
3.
Practice of Legality
27
3.1.
Instituted Discourse
29
3.2.
Entrenched Pursuit
33
3.3.
Self-Conception
39
4.
Pursuit of the Rule of Law
44
4.1.
Formal and Substantive Justice
45
4.2.
Our Vocabulary
52
5.
Aspiration and Impulse
53
5.1.
Nomological Legality
56
5.2.
Liberal Commitment
64
5.3.
Failure of Legality
71
5.4.
Dual Impulse
77
6.
Deep Duality: Formal Law
88
6.1.
Rawls' First View of Law
90
6.2.
Contrary View
93
6.3.
Law-Like Formality: Weber
96
6.4.
Half-Right Views
102
7.
Deep Duality: Law's Ideals
105
7.1.
Contrary View
106
7.2.
Law-Like Ideals: Dworkin
108
7.3.
Halves of a Whole
114
7.4.
Rawls' Second View of Law
116
8.
Two Perils for Law
120
8.1.
Liberal Law's Fears
121
8.2.
Overcoming Peril
122
8.3.
Deeper Danger
126
8.4.
What Follows
129
9.
Fear of Free Ideals
131
9.1.
Warring Creeds
132
9.2.
Moral Skepticism
135
9.3.
What's Feared
139
10.
Fear of Open Form
142
10.1.
Unsure Concepts
143
10.2.
Linguistic Skepticism
147
10.3.
What's Feared
150
11.
Modern Liberal Practice
153
11.1.
Practice's View of Law
154
11.2.
Two Views of Disorder
156
11.3.
Implications of Disorder
159
12.
Legality Recapitulated
162
12.1.
Pattern in Complexity
163
12.2.
Big Pattern
166
12.3.
Unanswered Questions
167
References
169
Index
171