Show Less
You do not have access to this content

Rethinking Legal Reasoning

Geoffrey Samuel

‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?
Show Summary Details
You do not have access to this content

Chapter 12: Should jurists take interests more seriously (continued)?

Geoffrey Samuel

Extract

In this second chapter on the notion of an interest some of the points outlined or mentioned in the last chapter are developed in more depth. In particular the role of an interest within the civilian principle of an abuse of a right and within injunction, debt and damages claims, including claims involving the rule against penalty clauses. Various sectional interests are also be discussed. The chapter concludes with a résumé of the reasons why interests should be taken more seriously and why the notion can provide a means for rethinking legal reasoning.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.