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Author : Lloyd L. Weinreb
Publisher : Cambridge University Press
Page : 199 pages
File Size : 40,6 Mb
Release : 2016-10-05
Category : Law
ISBN : 9781107153462
In this book, the pervasive use of analogies in the reasoning of lawyers and judges is explained in clear, simple, untechnical prose.
Author : Aleksander Peczenik
Publisher : Springer Science & Business Media
Page : 455 pages
File Size : 42,9 Mb
Release : 2014-01-12
Category : Law
ISBN : 9781402083815
'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.
Author : Raimo Siltala
Publisher : Springer Science & Business Media
Page : 296 pages
File Size : 43,6 Mb
Release : 2011-07-29
Category : Law
ISBN : 9789400718722
This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.
Author : Lief H. Carter,Thomas F. Burke
Publisher : University of Chicago Press
Page : 311 pages
File Size : 52,6 Mb
Release : 2016-03-04
Category : Political Science
ISBN : 9780226328218
Newly updated ninth edition: “A superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning.” —Law and Politics Book Review Over the decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.
Author : Fernando Atria
Publisher : Bloomsbury Publishing
Page : 252 pages
File Size : 45,7 Mb
Release : 2002-08-07
Category : Law
ISBN : 9781847316325
This book is about legal theory and legal reasoning. In particular,it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard: law is institutional, and legal reasoning is formal. These two features are so closely connected that it is reasonable to believe that in fact they are simply two ways of looking at the same issue. This becomes clearer as the focus of the book shifts from the institutional nature of law to the consequences of this for legal reasoning, and which is the principal focus of the book. The author received the European Academy of Legal Theory award in 2000 for the doctoral dissertation on which this work was based.
Author : Frederick F. Schauer
Publisher : Harvard University Press
Page : 256 pages
File Size : 51,8 Mb
Release : 2009-04-27
Category : Law
ISBN : 9780674032705
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
Author : Stewart Rapalje,Robert Linn Lawrence
Publisher : Unknown
Page : 674 pages
File Size : 42,9 Mb
Release : 1883
Category : Law
ISBN : HARVARD:HL4QFE
Author : Neil MacCormick
Publisher : Clarendon Press
Page : 322 pages
File Size : 50,8 Mb
Release : 1994-08-11
Category : Law
ISBN : 9780191018596
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.
Author : Herbert Broom
Publisher : Unknown
Page : 1332 pages
File Size : 55,5 Mb
Release : 1896
Category : Common law
ISBN : OSU:32437010687404
Author : Mariana Valverde
Publisher : Routledge
Page : 181 pages
File Size : 46,6 Mb
Release : 2013-10-18
Category : Law
ISBN : 9781135310059
In an innovative departure from the much-studied field of 'crime in the media', this lively book focuses its attention on the forces of law and order; how they visualize and represent danger and criminality and how they represent themselves as authorities. After two chapters covering basic terms and tools in the study of culture and representation, the book covers such topics as the history of justice - system methods for visualizing criminality, from fingerprinting to DNA; the emergence of a 'forensic gaze' that begins with Edgar Allan Poe and Sherlock Holmes and culminates in the American television show Crime Scene Investigation and the rise of ways of seeing urban space that constantly divide the city into 'good' and 'bad' areas. The final chapter uses some recent conflicts regarding the legal admissibility of 'gruesome pictures' to reflect on the importance of the visual in our everyday experiences, both of safety and of danger. Shortlisted for the Hart SLSA Book Prize 2007
Author : Lloyd L. Weinreb
Publisher : Cambridge University Press
Page : 199 pages
File Size : 53,6 Mb
Release : 2016-09-29
Category : Law
ISBN : 9781316982761
Legal Reason describes and explains analogical reasoning, the distinctive feature of legal argument. It challenges the prevailing view that analogical reasoning is a logically flawed, defective form of deductive reasoning. Drawing on work in epistemology and cognitive psychology, the book shows that analogical reasoning in the law is the same as that used by everyone routinely in ordinary life, and that it is a valid form of reasoning, derived from the innate human capacity to recognize the general in the particular. The use of analogical reasoning in law is dictated by the nature of law, which calls for the application of general rules to particular facts. Critiques of the first edition of the book are addressed directly and objections answered in a new chapter. Written for scholars, students, and persons interested in law, Legal Reason is written in accessible prose, with examples drawn from the law and everyday experience.
Author : James Bradley Thayer
Publisher : Unknown
Page : 710 pages
File Size : 48,9 Mb
Release : 1898
Category : Evidence (Law)
ISBN : HARVARD:32044057638116
Author : Lief H. Carter
Publisher : Addison Wesley Longman
Page : 216 pages
File Size : 49,6 Mb
Release : 1998
Category : Law
ISBN : UCAL:B4461117
Previous editions : 1988 (3rd) ; and 1994 (4th).
Author : Orlando Bump
Publisher : Unknown
Page : 900 pages
File Size : 44,5 Mb
Release : 1874
Category : Bankruptcy
ISBN : UIUC:30112022985060
Author : Sofie Møller
Publisher : Cambridge University Press
Page : 211 pages
File Size : 47,9 Mb
Release : 2020-03-05
Category : History
ISBN : 9781108498494
This is the first book-length study in English of Kant's legal metaphors, whose philosophical importance has so far been overlooked. It will appeal to academic researchers and advanced students of Kant, early modern philosophy, legal philosophy, and intellectual history.