On Description and Legal Reasoning

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

22 Pages Posted: 15 May 2000  

Brian Bix

University of Minnesota Law School

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.

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: https://ssrn.com/abstract=191248

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)

Paper statistics

Downloads
465
Rank
48,490
Abstract Views
2,935