Jump to ContentJump to Main Navigation
Rhetoric and The Rule of LawA Theory of Legal Reasoning$
Users without a subscription are not able to see the full content.

Neil MacCormick

Print publication date: 2005

Print ISBN-13: 9780199571246

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199571246.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 November 2019

Judging by Consequences

Judging by Consequences

Chapter:
(p.101) 6. Judging by Consequences
Source:
Rhetoric and The Rule of Law
Author(s):

NEIL MacCORMICK

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199571246.003.0006

This chapter argues that a certain kind of consequentialist reasoning is of decisive importance in justifying legal decisions. Reasoning about the problems of relevancy and of interpretation, and some aspects of reasoning about the problem of classification or evaluation, typically involve issues about the appropriate line of legal development through the particular case in hand. This raises questions such as: Should liability for some kind of harmful actions be extended into new fields, or restricted? Should a statutory right to compensation for unfair dismissal include a right to compensation for injury to feelings, or only for loss of a strictly financial kind caused by job loss? These and other questions are addressed in the chapter.

Keywords:   liability, consequentialist reasoning, legal decisions

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .