Liberal Legality : A Unified Theory of our Law
Book Details
Format
Paperback / Softback
ISBN-10
1108442366
ISBN-13
9781108442367
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Aug 8th, 2019
Print length
188 Pages
Weight
288 grams
Dimensions
15.20 x 22.90 x 1.40 cms
Ksh 6,100.00
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Liberal Legality shows that different kinds of legal argument, rule-based reasoning and reasoning based on principles and policies, share a surprising kinship. The diverse ways of arguing arise from the same root, and they share commitment to secure the rule of law in the service of liberty - liberal legality.
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.
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