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Author : Fernando Atria,Fernando Atria Lemaître
Publisher : Hart Publishing
Page : 264 pages
File Size : 48,8 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105060684714
This book seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning.
Author : Martin P. Golding
Publisher : Broadview Press
Page : 180 pages
File Size : 46,9 Mb
Release : 2001-03-02
Category : Law
ISBN : 1551114224
In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).
Author : Steven J. Burton
Publisher : Aspen Publishing
Page : 270 pages
File Size : 47,8 Mb
Release : 2007-01-10
Category : Law
ISBN : 9781454822639
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 : Fernando Atria
Publisher : Bloomsbury Publishing
Page : 252 pages
File Size : 53,8 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 : Keith J. Holyoak,Robert G. Morrison
Publisher : Cambridge University Press
Page : 880 pages
File Size : 44,9 Mb
Release : 2005-04-18
Category : Psychology
ISBN : 0521824176
The Cambridge Handbook of Thinking and Reasoning is the first comprehensive and authoritative handbook covering all the core topics of the field of thinking and reasoning. Written by the foremost experts from cognitive psychology, cognitive science, and cognitive neuroscience, individual chapters summarize basic concepts and findings for a major topic, sketch its history, and give a sense of the directions in which research is currently heading. The volume also includes work related to developmental, social and clinical psychology, philosophy, economics, artificial intelligence, linguistics, education, law, and medicine. Scholars and students in all these fields and others will find this to be a valuable collection.
Author : Michael Evan Gold
Publisher : ILR Press
Page : 361 pages
File Size : 45,9 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781501728600
After years of teaching law courses to undergraduate, graduate, and law students, Michael Evan Gold has come to believe that the traditional way of teaching – analysis, explanation, and example – is superior to the Socratic Method for students at the outset of their studies. In courses taught Socratically, even the most gifted students can struggle, and many others are lost in a fog for months. Gold offers a meta approach to teaching legal reasoning, bringing the process of argumentation to the fore. Using examples both from the law and from daily life, Gold's book will help undergraduates and first-year law students to understand legal discourse. The book analyzes and illustrates the principles of legal reasoning, such as logical deduction, analogies and distinctions, and application of law to fact, and even solves the mystery of how to spot an issue. In Gold's experience, students who understand the principles of analytical thinking are able to understand arguments, to evaluate and reply to them, and ultimately to construct sound arguments of their own.
Author : Neil MacCormick
Publisher : Clarendon Press
Page : 322 pages
File Size : 47,6 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 : Larry Alexander,Emily Sherwin
Publisher : Cambridge University Press
Page : 254 pages
File Size : 48,7 Mb
Release : 2008-06-16
Category : Philosophy
ISBN : 9781139472470
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
Author : Jaap Hage
Publisher : Springer Science & Business Media
Page : 280 pages
File Size : 53,7 Mb
Release : 2013-04-17
Category : Law
ISBN : 9789401588737
Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
Author : Frederick Schauer
Publisher : Harvard University Press
Page : 256 pages
File Size : 48,8 Mb
Release : 2012-04-02
Category : Law
ISBN : 9780674062481
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.
Author : Jeffrey Lipshaw
Publisher : Routledge
Page : 300 pages
File Size : 43,9 Mb
Release : 2017-03-27
Category : Law
ISBN : 9781315410791
The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.
Author : Pierre Schlag,David M. Skover,David Skover
Publisher : Unknown
Page : 128 pages
File Size : 41,8 Mb
Release : 1986
Category : Law
ISBN : STANFORD:36105043914303
Author : Ian McLeod
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 45,9 Mb
Release : 2020-04-16
Category : Law
ISBN : 9781137122704
The Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors. This ninth edition of Legal Method provides a lively introduction to the nature of the English legal system and its sources, and to the techniques which lawyers use when handling those sources. The text assumes no prior knowledge and makes its content accessible by clarity of expression rather than by dilution of content. In addition to more conventional sources, writers as varied as Jonathan Swift, Alexander Pope and T. S. Eliot are cited. This is an ideal course companion for both law undergraduate and GDL/CPE students. Includes end of chapter summaries and self-test exercises.
Author : Jerzy Stelmach,Bartosz Brozek
Publisher : Springer Science & Business Media
Page : 237 pages
File Size : 40,9 Mb
Release : 2006-09-03
Category : Law
ISBN : 9781402049392
Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 45,9 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781784712617
‘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?