On Description and Legal Reasoning

Bix, Brian

Abstract

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On Description and Legal Reasoning

Brian Bix

University of Minnesota Law School

RULES AND REASONING, Linda Meyer, ed., Oxford: Hart Publishing, pp. 7-28, 1999

Abstract:
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: 22

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Date posted: May 15, 2000

Suggested Citation

Bix, Brian, On Description and Legal Reasoning. RULES AND REASONING, Linda Meyer, ed., Oxford: Hart Publishing, pp. 7-28, 1999. Available at SSRN: http://ssrn.com/abstract=191248

Contact Information

Brian Bix (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-2505 (Phone)
612-625-2011 (Fax)