Carter, Lief 　著

目次

Preface About the Authors Reason in Law 1 What LegalReasoning Is, and Why It Matters An Overview of Law and Politics ADefinition of Law A Definition of Legal Reasoning Legal Reasoning DoesNot Discover the "One Right Answer." The Structure of Legal Reasoning.Sources of Official Legal Texts The Choices That Legal Reasoning ConfrontsIllustrative Case Questions about the Case 2 Change andStability in Legal Reasoning Sources of Unpredictibility in Law TheDisorderly Conduct of Words The Unpredictability of Precedents StageOne: Reasoning by Example in General Stage Two: Examples in Law StageThree: The Three-Step Process of Reasoning by Example Stage Four: HowReasoning by Example Perpetuates Unpredictability in Law Stage Five: AnIllustration of Unpredictability in Law Stage Six: Reasoning by ExampleFacilitates Legal Change Is Unpredictability in Law Desirable? Verticaland Horizontal Stare Decisis: A Stabilizing and Clarifying Element in Law.Illustrative Cases Questions about the Cases 3 Common LawOrigins of Common Law Reasoning by Example in Common Law The CherryTree The Pit The Diving Board Keeping the Common-Law Tradition AliveMaking Common Law without Close Precedents Horizontal Stare Decisis inCommon Law Rightly Adhering to Precedent Because the Need for Stabilityand Reliance is Present Wrongly Adhering to Precedent When Stability IsUnnecessary The Common-Law Tradition Today Illustrative CaseQuestions about the Case 4 Statutory Interpretation What areStatutes? Four Misguided Approaches to "First Instance" StatutoryInterpretation Literalism: Sticking to the Words The Golden RuleCanons of Statutory Construction Legislative Intent Other Words in theStatute The Expressed Intent of Individual Legislators and CommitteeReports Other Actions, Events, and Decisions in the Legislature ThePerils of Legislative Intent Purpose: The Key to Wise StatutoryInterpretation The Centrality of Statutory Purpose Determining Purpose:Words Can Help Determining Purpose: The Audience Determining Purpose:The Assumption of Legislative Rationality and the Uses of Legislative HistoryIllustrations of Statutory Purpose Two Easy Cases The Case of the LadyJurors, or Why Legislative Intent Does Not Determine Statutory PurposeStatutory Purpose in the Cases of Criminal Commerce: Caminetti, McBoyle, andAlpers A Final Complication Stare Decisis in Statutory InterpretationMajor League Baseball, Haviland's Dog and Pony Show, and GovernmentRegulation of Business The Case against Increased Adherence to Precedent inStatutory Interpretation A Summary Statement of the Appropriate JudicialApproach to Statutory Interpretation Illustrative Case Questions aboutthe Case 5 Interpreting the United States Constitution "TheSupreme Law of the Land" Conventional Legal Reasoning in ConstitutionalInterpretation Words as Channels of Meaning Original Intent and PurposeStare (In)Decisis Judicial Review and Democratic Theory Theories ofJudicial Self-Restraint Political Constraints on the Court The Turn toIndividual Dignity Illustrative Case Questions about the Case 6Law and Politics Three Threats to the Rule of Law DemocracyAttacks on Judicial Legitimacy National Crises The Rule of Law asLiberal Justification A Recap Impartiality and Trust ImpartialJudgement The Value of Impartiality Applying the Theory IllustrativeCase Appendix "How Law Differs from Politics: The Case of Terry SchindlerShiavo" Credits Index Index of Cases