A Short Introduction To Judging And To Legal Reasoning

Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
Page : 208 pages
File Size : 54,5 Mb
Release : 2016-08-26
Category : Law
ISBN : 9781785365928

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A Short Introduction to Judging and to Legal Reasoning by Geoffrey Samuel Pdf

This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists themselves (the internal view); and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist (the external view). Combining cases and materials with original text, this unique, concise format is designed for students who are starting out on their law programmes, as well as for students and researchers who would like to examine judging and legal reasoning in more depth.

Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 51,5 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781784712617

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Rethinking Legal Reasoning by Geoffrey Samuel Pdf

‘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?

Author : Shahid Rahman,Matthias Armgardt,Hans Christian Nordtveit Kvernenes
Publisher : Springer Nature
Page : 432 pages
File Size : 40,6 Mb
Release : 2021-12-16
Category : Philosophy
ISBN : 9783030700843

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New Developments in Legal Reasoning and Logic by Shahid Rahman,Matthias Armgardt,Hans Christian Nordtveit Kvernenes Pdf

This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.

Author : Robert J. Sharpe
Publisher : University of Toronto Press
Page : 351 pages
File Size : 40,5 Mb
Release : 2018-10-11
Category : Law
ISBN : 9781487517007

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Good Judgment by Robert J. Sharpe Pdf

Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.

Author : Dawn Watkins
Publisher : Routledge
Page : 369 pages
File Size : 50,7 Mb
Release : 2017-07-20
Category : Law
ISBN : 9781315386645

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Research Methods in Law by Dawn Watkins Pdf

Explaining in clear terms some of the main methodological approaches to legal research, the chapters in this edited collection are written by specialists in their fields, researching in a variety of jurisdictions. Covering a range of topics from Feminist Approaches to Law and Economics, each contributor addresses the topic of ‘lay decision makers in the legal system’ from their particular methodological perspective, explaining how they would approach the issue and discussing the suitability of their particular method. This focus on one main topic allows the reader to draw comparisons between methods with relative ease. The broad range of contributors makes Research Methods in Law well suited to an international audience, and it is ideal reading for PhD students in law, undergraduate dissertation students in law, LL.M Research students and early year researchers.

Author : Tony Evans,Peter Hupe
Publisher : Springer Nature
Page : 438 pages
File Size : 47,7 Mb
Release : 2019-08-21
Category : Political Science
ISBN : 9783030195663

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Discretion and the Quest for Controlled Freedom by Tony Evans,Peter Hupe Pdf

Looking at discretion broadly as the exercise of controlled freedom, this edited volume introduces insights from a range of social sciences perspectives. Traditionally, discussions of discretion have drawn on legal notions of the appropriate exercise of legitimate authority specified by legislators. However, empirical and theoretical studies in the social sciences have extended our understanding of discretion, moving us beyond a narrow legal view. Contributors from a range of disciplines explore the idea of discretion and related notions of freedom and control across social and political practices and in different contexts. As this complex and important topic is discussed and examined, both total control and unconstrained freedom appear to be illusions.

Author : Samuel, Geoffrey
Publisher : Edward Elgar Publishing
Page : 407 pages
File Size : 44,7 Mb
Release : 2022-10-18
Category : Law
ISBN : 9781802200744

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Rethinking Historical Jurisprudence by Samuel, Geoffrey Pdf

This stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine.

Author : Luca Siliquini-Cinelli
Publisher : Springer Nature
Page : 393 pages
File Size : 41,6 Mb
Release : 2024-07-02
Category : Electronic
ISBN : 9783031519369

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Scientia Iuris by Luca Siliquini-Cinelli Pdf

Author : Adams, Maurice,Van Hoecke, Mark
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 52,6 Mb
Release : 2021-11-19
Category : Law
ISBN : 9781802201468

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Comparative Methods in Law, Humanities and Social Sciences by Adams, Maurice,Van Hoecke, Mark Pdf

This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.

Author : Steven J. Burton
Publisher : Aspen Publishing
Page : 270 pages
File Size : 46,6 Mb
Release : 2007-01-10
Category : Law
ISBN : 9781454822639

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An Introduction to Law and Legal Reasoning by Steven J. Burton Pdf

Now in its Third Edition, An Introduction to Law and Legal Reasoning continues to be the ideal go-to for the first year law student. It is a short, practical book that introduces beginning law students and others to contemporary law and legal reasoning. By presenting these topics through various discussions of cases and examples, it provides students with a solid source to reference for years to come. A dependable, practical source, that: Covers analogical and deductive reasoning, as well as the roles of legal conventions, purposes, and policies in legal reasoning Discusses cases of varying difficulty to diversify the learning process Presents law and legal reasoning primarily through discussions of cases and examples that avoid the abstraction characteristic of most competing books Emphasizes the law as used in practice by lawyers and judges Provides an explicit and systematic introduction to law and legal reasoning Offers a source suitable for use as supplementary reading in any first year course, in legal research and writing courses, in paralegal courses, and in other settings This great new edition has been carefully updated to include: A new chapter, "Hardest Cases," that highlights cases notorious in the press Updates throughout that guarantee the most current legal information

Author : Catherine Mitchell
Publisher : Cambridge University Press
Page : 259 pages
File Size : 55,6 Mb
Release : 2022-09-01
Category : Law
ISBN : 9781009084901

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Vanishing Contract Law by Catherine Mitchell Pdf

English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control. This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.

Author : Serena Quattrocolo
Publisher : Springer Nature
Page : 230 pages
File Size : 54,7 Mb
Release : 2020-08-27
Category : Law
ISBN : 9783030524708

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Artificial Intelligence, Computational Modelling and Criminal Proceedings by Serena Quattrocolo Pdf

This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime – largely tackled by recent literature – it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation – based on automated processes (often using machine learning) – and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of ‘predictive justice’ in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of ‘prediction’ in criminal proceedings.

Author : Pier Giuseppe Monateri
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 50,7 Mb
Release : 2017-04-28
Category : Law
ISBN : 9781785369179

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Comparative Contract Law by Pier Giuseppe Monateri Pdf

This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.

Author : Wilson Ray Huhn
Publisher : Unknown
Page : 232 pages
File Size : 45,8 Mb
Release : 2002
Category : Judicial process
ISBN : STANFORD:36105063192855

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The Five Types of Legal Argument by Wilson Ray Huhn Pdf

Organized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one.

Author : David M. O'Brien
Publisher : CQ Press
Page : 427 pages
File Size : 52,6 Mb
Release : 2016-05-20
Category : Political Science
ISBN : 9781506340302

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Judges on Judging by David M. O'Brien Pdf

Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features “off-the-bench” writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material written by David M. O’Brien provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.