Liberal Legality

A Unified Theory of Our Law

Nonfiction, Reference & Language, Law, Jurisprudence, Legal History
Cover of the book Liberal Legality by Lewis D. Sargentich, Cambridge University Press
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Author: Lewis D. Sargentich ISBN: 9781108565301
Publisher: Cambridge University Press Publication: April 30, 2018
Imprint: Cambridge University Press Language: English
Author: Lewis D. Sargentich
ISBN: 9781108565301
Publisher: Cambridge University Press
Publication: April 30, 2018
Imprint: Cambridge University Press
Language: English

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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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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