On Description and Legal Reasoning
University of Minnesota Law School
RULES AND REASONING, Linda Meyer, ed., Oxford: Hart Publishing, pp. 7-28, 1999
Focusing on the works of Philip Bobbitt and Frederick Schauer, the article analyzes the extent to which purely descriptive theory is possible in discussing legal reasoning, or, more broadly, legal doctrine or law in general. The article considers approaches to legal practice and legal theory that seem to fall between pure description and pure prescription, including conceptual analysis and the interpretive theory associated with Ronald Dworkin.
Number of Pages in PDF File: 22Accepted Paper Series
Date posted: May 15, 2000
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