Neil MacCormick's Books

MacCormick's Scotland

By: Neil Walker

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MacCormick's Scotland

By: Neil Walker

A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.

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Page Count

261

Publisher

Edinburgh University Press

Published Date

ISBN 10

0748649301

ISBN 13

9780748649303

Legal Reasoning and Legal Theory

By: Neil MacCormick

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Legal Reasoning and Legal Theory

By: Neil MacCormick

What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.

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Page Count

322

Publisher

Clarendon Press

Published Date

ISBN 10

0191018597

ISBN 13

9780191018596

Institutions of Law

An EsSay in Legal Theory

By: Neil MacCormick

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Institutions of Law

An EsSay in Legal Theory

By: Neil MacCormick

Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.

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Page Count

334

Publisher

OUP Oxford

Published Date

ISBN 10

019102175X

ISBN 13

9780191021756

Practical Reason in Law and Morality

By: Neil MacCormick

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Practical Reason in Law and Morality

By: Neil MacCormick

The concept of practical reason is central to contemporary thought on ethics and the philosophy of law - acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of 'right and wrong' fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom - our freedom to form our own moral commitments - relate to our responsibilities to each other? How is this final question transposed into law and legal commitments? This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way. The book concludes and underpins the author's Law, State and Practical Reason series. Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.

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Page Count

235

Publisher

Oxford University Press

Published Date

ISBN 10

0191622001

ISBN 13

9780191622007

Rhetoric and The Rule of Law

A Theory of Legal Reasoning

By: Neil MacCormick

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Rhetoric and The Rule of Law

A Theory of Legal Reasoning

By: Neil MacCormick

Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based? Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.

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304

Publisher

OUP Oxford

Published Date

ISBN 10

0191018783

ISBN 13

9780191018787

Intimations of Global Law

By: Neil Walker

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Intimations of Global Law

By: Neil Walker

This book explores how the domestic law of states is increasingly accompanied by a 'global law' distinct from regional and international law.

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Page Count

223

Publisher

Cambridge University Press

Published Date

ISBN 10

1107091624

ISBN 13

9781107091627

Constitutional and Administrative Law

By: Neil Parpworth

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Constitutional and Administrative Law

By: Neil Parpworth

Constitutional and Administrative Law is popular for its clear and concise style. Self-test questions and reading lists encourage students to expand their knowledge.

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609

Publisher

Oxford University Press

Published Date

ISBN 10

0198747527

ISBN 13

9780198747529

Rhetoric and The Rule of Law

A Theory of Legal Reasoning

By: Neil MacCormick

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Rhetoric and The Rule of Law

A Theory of Legal Reasoning

By: Neil MacCormick

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304

Publisher

OUP Oxford

Published Date

ISBN 10

0191018783

ISBN 13

9780191018787

Random Justice

On Lotteries and Legal Decision-making

By: Neil Duxbury

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Random Justice

On Lotteries and Legal Decision-making

By: Neil Duxbury

This controversial book explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Neil Duxbury considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the lottery as a legal decision-making device has generally been underestimated.

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Page Count

194

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0199253536

ISBN 13

9780199253531

Interpreting Statutes

A Comparative Study

By: D. Neil MacCormick,Robert S. Summers

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Interpreting Statutes

A Comparative Study

By: D. Neil MacCormick,Robert S. Summers

This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.

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Page Count

509

Publisher

Routledge

Published Date

ISBN 10

1351926381

ISBN 13

9781351926386

Institutions of Law

An EsSay in Legal Theory

By: Neil MacCormick

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Institutions of Law

An EsSay in Legal Theory

By: Neil MacCormick

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334

Publisher

OUP Oxford

Published Date

ISBN 10

019102175X

ISBN 13

9780191021756

Jurists and Judges

An Essay on Influence

By: Neil Duxbury

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Jurists and Judges

An Essay on Influence

By: Neil Duxbury

Jurists and Judges examines the nature of academic influence,and particularly the influence of juristic commentary on judicial decision-making. Focusing on three legal systems, its author argues that inter-jurisdictional comparisons of juristic influence are often simplistic and inattentive to problems of incommensurability. The centrepiece of the study is a detailed chapter offering a nuanced history of juristic influence in England. All academic lawyers who reflect upon the history and objectives of their profession - who, in other words, wonder what it is that they are about - will profit from reading this most informative and engaging book.

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Page Count

130

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1847311865

ISBN 13

9781847311863

The Social Edges of Psychoanalysis

By: Neil J. Smelser

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The Social Edges of Psychoanalysis

By: Neil J. Smelser

For several decades the writings of sociologist Neil J. Smelser have won him a vast and admiring audience across several disciplines. Best known for his work on social movements, economic sociology, and British social history, Smelser's psychoanalytic writings are less familiar to his readers. In fact, many people are completely unaware of Smelser's formal psychoanalytic training and ongoing counseling practice. With the publication of The Social Edges of Psychoanalysis, Smelser's thought-provoking essays on psychoanalytic concepts are finally brought together in one book. Psychoanalytic theory has had an ambivalent relationship with sociology, and these essays explore that ambivalence, providing arguments about how and why psychoanalytic approaches can deepen the sociological perspective. One of Smelser's main tenets is that human social behavior always contains both social-structural and social-psychological elements, and that psychoanalytic theory can bridge these two dimensions of human social life. Many of the issues Smelser addresses—including interdisciplinarity, the macro-micro link in research, masculinity and violence, and affirmative action—have generated considerable scholarly interest. This collection paves the way for further articulation of the relationship between sociology and psychoanalysis at a time when many sociologists are looking for interdisciplinary links in their work. Presented with clarity and grace, and free of the murkiness often found in both sociological and psychoanalytic writing, Smelser's new book will excite reflection and research on the less visible dynamics of social existence.

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314

Publisher

Univ of California Press

Published Date

ISBN 10

0520921372

ISBN 13

9780520921375

The Intricacies of Dicta and Dissent

By: Neil Duxbury

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The Intricacies of Dicta and Dissent

By: Neil Duxbury

Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making.

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Page Count

513

Publisher

Cambridge University Press

Published Date

ISBN 10

1108898815

ISBN 13

9781108898812

Scotland After Britain

By: Neil Davidson,James Foley,Ben Wray

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Scotland After Britain

By: Neil Davidson,James Foley,Ben Wray

What is Scottish independence for? Since the referendum, Scottish independence has been captured by conservative forces. Scotland After Britain argues for fidelity to the true meaning of the word independence. It should mean not only a break from the failing British state, but also from the prison of free trade and militarism that has delivered successive crises. Most of all, independence must honestly address the huge injustices of income, wealth and power that continue to define Scottish society, by restoring agency to working class communities and voters. Scotland After Britain shines a spotlight on pro-independence politics since Brexit and the pandemic. The Scottish national question has emerged as the biggest fracture in the British state after Brexit. The independence movement emerged from mass public disenchantment at the status quo, yet the SNP continues governing as if that disenchantment never happened, and the party leadership appears increasingly ambivalent about the risks of demanding independence. Most of all, the British state remains hostile to allowing a second referendum, while the SNP leadership has been unwilling to sanction protest beyond the ballot box. Where do we go from here? Scotland After Britain argues Brexit could force the movement to engage in a reckoning with the true stakes of independence, a process that will inevitably require a breach with the SNP’s establishment vision.

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Page Count

288

Publisher

Verso Books

Published Date

ISBN 10

1788735838

ISBN 13

9781788735834

Patterns of American Jurisprudence

By: Neil Duxbury

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Patterns of American Jurisprudence

By: Neil Duxbury

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.

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Page Count

530

Publisher

Clarendon Press

Published Date

ISBN 10

0191018767

ISBN 13

9780191018763

Elements of Legislation

By: Neil Duxbury

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Elements of Legislation

By: Neil Duxbury

Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.

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Page Count

267

Publisher

Cambridge University Press

Published Date

ISBN 10

1107021871

ISBN 13

9781107021877

Essays in Sociological Explanation

By: Neil J. Smelser

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Essays in Sociological Explanation

By: Neil J. Smelser

Collection of essays on sociology, causation, and pragmatic considerations by one of the leading social scientists of the past half-century. Now republished in quality ebook format with active TOC, linked notes, and proper presentation for ereaders and apps.

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Page Count

485

Publisher

Quid Pro Books

Published Date

ISBN 10

1610271785

ISBN 13

9781610271783

A History Of Scotland

By: Neil Oliver

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A History Of Scotland

By: Neil Oliver

The dramatic story of Scotland - by charismatic television historian, Neil Oliver. Scotland is one of the oldest countries in the world with a vivid and diverse past. Yet the stories and figures that dominate Scottish history - tales of failure, submission, thwarted ambition and tragedy - often badly serve this great nation, overshadowing the rich tapestry of her intricate past. Historian Neil Oliver presents a compelling new portrait of Scottish history, peppered with action, high drama and centuries of turbulence that have helped to shape modern Scotland. Along the way, he takes in iconic landmarks and historic architecture; debunks myths surrounding Scotland's famous sons; recalls forgotten battles; charts the growth of patriotism; and explores recent political developments, capturing Scotland's sense of identity and celebrating her place in the wider world.

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Page Count

511

Publisher

Weidenfeld & Nicolson

Published Date

ISBN 10

0297860291

ISBN 13

9780297860297

Science Education in Context

An International Examination of the Influence of Context on Science Curricula Development and Implementation

By: Richard K. Coll,Neil Taylor

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Science Education in Context

An International Examination of the Influence of Context on Science Curricula Development and Implementation

By: Richard K. Coll,Neil Taylor

This book presents an international perspective of the influence of educational context on science education. The focus is on the interactions between curriculum development and implementation, particularly in non-Western and non-English-speaking contexts (i.e., outside the UK, USA, Australia, NZ, etc. ). An important and distinguishing feature of the book is that it draws upon the experiences and research from local experts from an extremely diverse cohort across the world (26 countries in total). The book addresses topics such as: curriculum development; research or evaluation of an implemented curriculum; discussion of pressures driving curriculum reform or implementation of new curricula (e. g., technology or environmental education); the influence of political, cultural, societal or religious mores on education; governmental or ministerial drives for curriculum reform; economic or other pressures driving curriculum reform; the influence of external assessment regimes on curriculum; and so on.

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Page Count

380

Publisher

BRILL

Published Date

ISBN 10

9087902492

ISBN 13

9789087902490

Ideas Without Frontiers

By: Neil McLennan

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Ideas Without Frontiers

By: Neil McLennan

Never did anyone think that the project, aimed at giving people a voice and stimulating people's interest in making positive changes in our world, would go international. Two years after the original idea here is the international. As the title says, this truly is..... Ideas Without Frontiers.

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Page Count

180

Publisher

Lulu.com

Published Date

ISBN 10

1291382054

ISBN 13

9781291382051

Beyond the Kalman Filter: Particle Filters for Tracking Applications

By: Branko Ristic ,Sanjeev Arulampalam,Neil Gordon

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Beyond the Kalman Filter: Particle Filters for Tracking Applications

By: Branko Ristic ,Sanjeev Arulampalam,Neil Gordon

For most tracking applications the Kalman filter is reliable and efficient, but it is limited to a relatively restricted class of linear Gaussian problems. To solve problems beyond this restricted class, particle filters are proving to be dependable methods for stochastic dynamic estimation. Packed with 867 equations, this cutting-edge book introduces the latest advances in particle filter theory, discusses their relevance to defense surveillance systems, and examines defense-related applications of particle filters to nonlinear and non-Gaussian problems. With this hands-on guide, you can develop more accurate and reliable nonlinear filter designs and more precisely predict the performance of these designs. You can also apply particle filters to tracking a ballistic object, detection and tracking of stealthy targets, tracking through the blind Doppler zone, bi-static radar tracking, passive ranging (bearings-only tracking) of maneuvering targets, range-only tracking, terrain-aided tracking of ground vehicles, and group and extended object tracking.

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