Rethinking Legal Reasoning

Rethinking Legal Reasoning Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Rethinking Legal Reasoning book. This book definitely worth reading, it is an incredibly well-written.

Rethinking Legal Reasoning

Geoffrey Samuel
Rethinking Legal Reasoning Book PDF

Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 40,8 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781784712617

Get Book

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?

Rethinking Evidence

William Twining
Rethinking Evidence Book PDF

Author : William Twining
Publisher : Cambridge University Press
Page : 37 pages
File Size : 41,5 Mb
Release : 2006-06-01
Category : Law
ISBN : 9781139453219

Get Book

Rethinking Evidence by William Twining Pdf

The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

Rethinking Law as Process

James MacLean
Rethinking Law as Process Book PDF

Author : James MacLean
Publisher : Routledge
Page : 217 pages
File Size : 48,7 Mb
Release : 2012-05-23
Category : Law
ISBN : 9781136697760

Get Book

Rethinking Law as Process by James MacLean Pdf

Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision making.

Evidential Legal Reasoning

Jordi Ferrer Beltrán,Carmen Vázquez
Evidential Legal Reasoning Book PDF

Author : Jordi Ferrer Beltrán,Carmen Vázquez
Publisher : Cambridge University Press
Page : 459 pages
File Size : 47,5 Mb
Release : 2022-05-19
Category : Law
ISBN : 9781316516997

Get Book

Evidential Legal Reasoning by Jordi Ferrer Beltrán,Carmen Vázquez Pdf

A global overview of evidentiary reasoning with contributions from leading authorities from different legal traditions and four continents.

Advanced Introduction to Legal Reasoning

Larry Alexander,Emily Sherwin
Advanced Introduction to Legal Reasoning Book PDF

Author : Larry Alexander,Emily Sherwin
Publisher : Edward Elgar Publishing
Page : 233 pages
File Size : 41,5 Mb
Release : 2021-05-28
Category : Law
ISBN : 9781789903157

Get Book

Advanced Introduction to Legal Reasoning by Larry Alexander,Emily Sherwin Pdf

This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.

Rethinking Comparative Law

Glanert, Simone,Mercescu, Alexandra,Samuel, Geoffrey
Rethinking Comparative Law Book PDF

Author : Glanert, Simone,Mercescu, Alexandra,Samuel, Geoffrey
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 51,7 Mb
Release : 2021-10-19
Category : Law
ISBN : 9781786439475

Get Book

Rethinking Comparative Law by Glanert, Simone,Mercescu, Alexandra,Samuel, Geoffrey Pdf

Over the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.

Common-law Liberty

James Reist Stoner
Common law Liberty Book PDF

Author : James Reist Stoner
Publisher : Unknown
Page : 230 pages
File Size : 54,9 Mb
Release : 2003
Category : Law
ISBN : UOM:39015057600242

Get Book

Common-law Liberty by James Reist Stoner Pdf

In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

The Tapestry of Reason

Amalia Amaya
The Tapestry of Reason Book PDF

Author : Amalia Amaya
Publisher : Bloomsbury Publishing
Page : 635 pages
File Size : 45,6 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782255178

Get Book

The Tapestry of Reason by Amalia Amaya Pdf

In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making.

Rethinking Incarceration

Dominique DuBois Gilliard
Rethinking Incarceration Book PDF

Author : Dominique DuBois Gilliard
Publisher : InterVarsity Press
Page : 246 pages
File Size : 54,8 Mb
Release : 2018-03-02
Category : Social Science
ISBN : 9780830887736

Get Book

Rethinking Incarceration by Dominique DuBois Gilliard Pdf

IVP Readers' Choice Award Outreach Magazine Resource of the Year The United States has more people locked up in jails, prisons, and detention centers than any other country in the history of the world. Mass incarceration has become a lucrative industry, and the criminal justice system is plagued with bias and unjust practices. And the church has unwittingly contributed to the problem. Dominique Gilliard explores the history and foundation of mass incarceration, examining Christianity’s role in its evolution and expansion. He then shows how Christians can pursue justice that restores and reconciles, offering creative solutions and highlighting innovative interventions. The church has the power to help transform our criminal justice system. Discover how you can participate in the restorative justice needed to bring authentic rehabilitation, lasting transformation, and healthy reintegration to this broken system.

Reconstructing American Legal Realism & Rethinking Private Law Theory

Hanoch Dagan
Reconstructing American Legal Realism Rethinking Private Law Theory Book PDF

Author : Hanoch Dagan
Publisher : Oxford University Press
Page : 247 pages
File Size : 53,7 Mb
Release : 2013-09
Category : Law
ISBN : 9780199890699

Get Book

Reconstructing American Legal Realism & Rethinking Private Law Theory by Hanoch Dagan Pdf

This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

Contract Law and Contract Practice

Catherine E Mitchell
Contract Law and Contract Practice Book PDF

Author : Catherine E Mitchell
Publisher : A&C Black
Page : 442 pages
File Size : 43,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782253136

Get Book

Contract Law and Contract Practice by Catherine E Mitchell Pdf

An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.

New Developments in Legal Reasoning and Logic

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

Author : Shahid Rahman,Matthias Armgardt,Hans Christian Nordtveit Kvernenes
Publisher : Springer Nature
Page : 432 pages
File Size : 44,7 Mb
Release : 2021-12-16
Category : Philosophy
ISBN : 9783030700843

Get Book

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.

Prosecuting Human Rights Offences

Kresimir Kamber
Prosecuting Human Rights Offences Book PDF

Author : Kresimir Kamber
Publisher : BRILL
Page : 598 pages
File Size : 45,8 Mb
Release : 2017-01-10
Category : Law
ISBN : 9789004337763

Get Book

Prosecuting Human Rights Offences by Kresimir Kamber Pdf

In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores the features of the procedural obligation to investigate, prosecute and punish human rights offences, and explains how they determine the contemporary understanding of function of criminal prosecution.

Rethinking US Election Law

Steven Mulroy
Rethinking US Election Law Book PDF

Author : Steven Mulroy
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 43,5 Mb
Release : 2024-06-18
Category : Electronic
ISBN : 9781788117517

Get Book

Rethinking US Election Law by Steven Mulroy Pdf

Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.

Great Judgments of the European Court of Justice

William Phelan
Great Judgments of the European Court of Justice Book PDF

Author : William Phelan
Publisher : Cambridge University Press
Page : 279 pages
File Size : 41,6 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781108499088

Get Book

Great Judgments of the European Court of Justice by William Phelan Pdf

Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.