Reasoning in Ethics and Law: The Role of Theory, Principles and Facts (Avebury Series in Philosophy)

Legal and moral reasoning share much methodology and address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between "theory" and "practice" and between "principle" and "particular judgment" has become the subject of much debate in moral philosopy. In the ongoing debate, some moral philosophers refer to leal philosophy for a support of their views on the primacy of "practice" over "theory". According to them, legal philosophy should have a more balanced view in that relation. In the contributions to part one of the book, this claim is critically analyzed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. The book's focus on the role of facts in normative reasoning should make it of particular interest to scholars of legal and moral argumentation.