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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.

Accepted Paper Series

Date posted: May 15, 2000 ; Last revised: August 21, 2007

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


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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)
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