Entering the perennial debate about the role and definition of law, Raymond Belliotti presents a critical survey of a number of philosophical approaches to law and judicial decision-making. Confronting the conflicting orientations represented by legal formalism and legal realism, he discusses the relationship between law and society. For a decision such as Roe v. Wade, the differing justifications by formalists and realists can affect policy interpretations as well as legal challenges. The application of an implicit right to privacy versus the attempt to enact policy that deals with a social problem and the acceptance of judicial innovation demonstrates how sometimes opposing arguments can reach the same legal decision. While providing his own account of law, Belliotti takes seriously the legal critiques inspired by Marxism and feminism and illustrates how traditional philosophical problems and methods plague legal theory. He also shows the impasses to which our argumentation strategies lead and suggests ways we might transcend those dead ends.
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Editorial Reviews
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"A comprehensive assessment of traditional and contemporary legal thought, Mr. Belliotti's defense of 'critical pragmatism' is a significant contribution to the literature. This book takes on all the leading theories and takes them on seriously. It is one of the most ambitious and satisfying efforts in print at mediating the seemingly irreconcilable tensions between law's mainstream liberal analysts and its leftist critics."
—Anita L. Allen, Professor of Law, Georgetown University Law Center
—Anita L. Allen, Professor of Law, Georgetown University Law Center
"The author brings a critical intelligence and a very impressive scholarship to traditional issues in law. The strength that jumps from the page is a very well informed contemporary reading that avoids clichés and the limits of much contemporary analysis."
—John Brigham, University of Massachusetts, Amherst, and author of The Cult of the Court (Temple)
—John Brigham, University of Massachusetts, Amherst, and author of The Cult of the Court (Temple)
"[A]n excellent survey and analysis of major theories in the philosophy of law. The book features intelligent discussions of such diverse approaches as natural law theory, legal positivism, law and economics, feminist jurisprudence, and Critical Legal Studies. Justifying Law is full of insight, clear reasoning, and common sense.... The wide-ranging examination reveals Belliotti's substantial scholarship and keen intelligence.... Through his presentation and commentary on several philosophies of law and individual legal theorists, Belliotti has enriched and advanced jurisprudential dialogue and inquiry."
—Journal of Value Inquiry
From the Publisher
A critical survey of a number of philosophical approaches to law and judicial decision-making
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critical pragmatism, metaphysical realism, legal positivism, critical legal studies, strong social thesis, circular apologetics, weak social thesis, communal objectivity, right answer thesis, objectivist impulse, fallibilistic pluralism, societal presuppositions, normative soundness, perspectival objectivity, penumbra cases, metaphysical objectivity, coherence methodology, background morality, policies that explain, crude instrumentalism, behavioral claim, legal insiders, coherent fit, moral justifiability, analytic jurisprudence Key Phrases - Capitalized Phrases (CAPs): (learn more)
Rule of Law, Chicago School, Ronald Dworkin, Unmoved Mover, United States, Legal Realism, Legal Positivist, Taking Rights Seriously, Legal Realists, Stanley Fish, Richard Posner, Judicial Decision Making Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
critical pragmatism, metaphysical realism, legal positivism, critical legal studies, strong social thesis, circular apologetics, weak social thesis, communal objectivity, right answer thesis, objectivist impulse, fallibilistic pluralism, societal presuppositions, normative soundness, perspectival objectivity, penumbra cases, metaphysical objectivity, coherence methodology, background morality, policies that explain, crude instrumentalism, behavioral claim, legal insiders, coherent fit, moral justifiability, analytic jurisprudence Key Phrases - Capitalized Phrases (CAPs): (learn more)
Rule of Law, Chicago School, Ronald Dworkin, Unmoved Mover, United States, Legal Realism, Legal Positivist, Taking Rights Seriously, Legal Realists, Stanley Fish, Richard Posner, Judicial Decision Making Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
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