The Art Of Judicial Reasoning

Author : Gunnar Selvik,Michael-James Clifton,Theresa Haas,Luísa Lourenço,Kerstin Schwiesow
Publisher : Springer
Page : 323 pages
File Size : 42,9 Mb
Release : 2019-02-28
Category : Law
ISBN : 9783030025533

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The Art of Judicial Reasoning by Gunnar Selvik,Michael-James Clifton,Theresa Haas,Luísa Lourenço,Kerstin Schwiesow Pdf

This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today’s multi-layered world. The collection of essays is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s)

Author : Brett G. Scharffs,Andrea Pin,Dmytro Vovk
Publisher : Taylor & Francis
Page : 272 pages
File Size : 51,8 Mb
Release : 2024-05-28
Category : Law
ISBN : 9781040031155

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Human Dignity, Judicial Reasoning, and the Law by Brett G. Scharffs,Andrea Pin,Dmytro Vovk Pdf

This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within national and international courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases: from the right to life or to integrity or anti-discrimination, the concept has surfaced in disputes about political and social rights and rule of law requirements, such as equality or legal certainty. The core message of the book is that judges understand, interpret, and apply human dignity differently. An inflation in the judicial recourse to human dignity can saturate the legal environment, depriving the concepts as well as human-rights-based narratives of salience, and threaten the predictability of court decisions. The book will appeal to philosophers of law, constitutional theorists and lawyers, legal comparativists, and internal law specialists. Whilst being dedicated specifically to human dignity jurisprudence, the book touches on many aspects of judiciary and as such will also be of interest to researchers studying legal reasoning, interpretation and application of the law and courts, as well as social philosophers, political scientists, and sociologists of law, politics, and religion.

Author : Wesley Newcomb Hohfeld
Publisher : Unknown
Page : 442 pages
File Size : 47,5 Mb
Release : 1923
Category : Jurisprudence
ISBN : PRNC:32101072863317

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Fundamental Legal Conceptions as Applied in Judicial Reasoning by Wesley Newcomb Hohfeld Pdf

Author : Martin P. Golding
Publisher : Broadview Press
Page : 180 pages
File Size : 49,9 Mb
Release : 2001-03-02
Category : Law
ISBN : 1551114224

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Legal Reasoning by Martin P. Golding Pdf

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 : Wesley Newcomb Hohfeld
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 1964
Category : Law
ISBN : OCLC:470425527

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Fundamental Legal Conceptions as Applied in Judicial Reasoning by Wesley Newcomb Hohfeld Pdf

Author : Wesley Newcomb Hohfeld
Publisher : Unknown
Page : 420 pages
File Size : 50,7 Mb
Release : 2003
Category : Judicial process
ISBN : OCLC:225313673

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Fundamental Legal Conceptions by Wesley Newcomb Hohfeld Pdf

Author : Wesley Newcomb Hohfeld
Publisher : Unknown
Page : 114 pages
File Size : 41,7 Mb
Release : 1966
Category : Law
ISBN : OCLC:810771593

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Fundamental Legal Conceptions as Applied in Judicial Reasoning by Wesley Newcomb Hohfeld Pdf

Author : Antonin Scalia,Bryan A. Garner
Publisher : West Publishing Company
Page : 0 pages
File Size : 40,6 Mb
Release : 2008
Category : Appellate procedure
ISBN : 0314184716

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Making Your Case by Antonin Scalia,Bryan A. Garner Pdf

In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.

Author : Wesley Newcomb Hohfeld,Walter Wheeler Cook
Publisher : Legare Street Press
Page : 0 pages
File Size : 55,7 Mb
Release : 2022-10-26
Category : History
ISBN : 1015425461

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Fundamental Legal Conceptions as Applied in Judicial Reasoning: And Other Legal Essays by Wesley Newcomb Hohfeld,Walter Wheeler Cook Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Susan A. Bandes,Jody L. Madeira,Kathryn D. Temple,Emily Kidd White
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 51,9 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781788119085

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Research Handbook on Law and Emotion by Susan A. Bandes,Jody L. Madeira,Kathryn D. Temple,Emily Kidd White Pdf

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.

Author : Richard K. Neumann
Publisher : Aspen Publishers
Page : 532 pages
File Size : 49,5 Mb
Release : 1998
Category : Droit
ISBN : STANFORD:36105062035485

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Legal Reasoning and Legal Writing by Richard K. Neumann Pdf

A revision of Neumann's very successful basic legal writing text, this edition continues to give a strong foundation in legal analysis and to writing while refining and further improving the text based on user's responses. The text focuses on constructing a proof of a conclusion of law and teaches format, style, and grammar alongside the reasoning skills. (Chapter 9, How to Organize Proof of a Conclusion of Law, Is widely regarded as the best explanation of this topic in any legal writing text). The goal is to help students learn how to make writing decisions based on the need to prove analysis. Of special interest are chapters on client interviewing and client letters, sample client letters, An updated citation/quotation chapter to reflect changes in the 16th Edition of the Blue Book, sections that show students how to convert their raw materials into an organized first draft, and explanations on the process of writing - in detail and in many contexts. Combining clear, readable text with effective sample documents and exercises, Neumann has succeeded in creating a sophisticated, yet accessible, text carefully crafted for beginning legal writers. Table of Contents Preface Acknowledgments PART I: INTRODUCTION TO LAW AND ITS STUDY 1: An Introduction to American Law 1.1 the Origin of Common Law 1.2 How American Courts Are Organized 1.3 an Overview of the Litigation Process 1.4 the Importance of Understanding Procedure 1.5 the Adversary System 2: Rule-Based Reasoning 2.1 the Inner Structure of a Rule 2.2 Organizing the Application of a Rule 2.3 Some Things to Be Careful About with Rules 2.4 Causes of Action and Affirmative Defenses 2.5 Where Rules Come From (Sources of Law) 3: An Introduction to Judicial Opinions 3.1 the Anatomy of an Opinion 3.2 the Interdependence Among Facts, Issues, and Rules 4: Briefing Cases 4.1 Introduction 4.2 How to Brief a Case PART II: INTRODUCTION TO LEGAL WRITING 5: The Art of Legal Writing 5.1 the Language as a Professional Tool 5.2 Your Writing and Your Career 5.3 Predictive Writing and Persuasive Writing 5.4 the Art Forms of Legal Writing 6: The Process of Writing 6.1 Writing in Four Stages 6.2 Analyzing 6.3 Organizing 6.4 the First Draft 6.5 Rewriting 6.6 Some General Advice about Writing PART III: OFFICE MEMORANDA 7: Office Memoranda 7.1 Office Memorandum Format 7.2 Writing an Office Memorandum 8: Initially Obtaining the Facts: Client Interviewing 8.1 Introduction 8.2 Lawyers and Clients 8.3 How to Interview 9:Predictive Writing 9.1 How to Predict 9.2 How to Test Your Writing for Predictiveness 10: How to Organize Proof of a Conclusion of Law 10.1 A Paradigm for Structuring Proof 10.2 Why Readers Prefer This Type of Organization 10.3 How to Vary the Paradigm to Suit Your Needs 10.4 How to Start Working with the Paradigm 10.5 How to Test Your Writing for Effective Organization 11: Selecting Authority 11.1 Introduction 11.2 the Hierarchy of Authority 11.3 How Courts Use Dicta 11.4 How Courts React to Foreign Precedent 11.5 How to Use Foreign Precedent and Other Nonmandatory Authority to Fill a Gap in Local Law 11.6 How to Select Nonmandatory Precedent 11.7 How to Work Effectively in the Library 12: Working with Precedent 12.1 Eight Skills for Working with Precedent 12.2 Formulating a Variety of Rules from the Same Precedent 12.3 Analogizing and Distinguishing 12.4 Eliciting Policy from Precedent 12.5 Synthesis and Reconciliation 12.6 Testing for Realism and Marketability 12.7 Pulling it All Together 13: Working with Statutes 13.1 Ten Tools of Statutory Interpretation 13.2 How to Pull Together Statutory Analysis (Before

Author : Joxerramon Bengoetxea
Publisher : Oxford University Press, USA
Page : 398 pages
File Size : 43,7 Mb
Release : 1993
Category : Art
ISBN : UOM:39015029554709

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The Legal Reasoning of the European Court of Justice by Joxerramon Bengoetxea Pdf

Can a jurisprudential approach help lawyers and legal philosophers to understand the sources, organization, and main features of European Community (EC) law? How does the European Court of Justice interpret EC law and justify its decisions? This study examines these questions and related issues--analyzing EC law and the decision-making process of the European Court of Justice from a legal theoretical perspective. The justification of legal decisions is a crucial issue in legal and political theory, with courts achieving legitimation through their practice of justification. This study also assesses the justificatory practice of the European Court of Justice and how its jurisprudential approach contributes to an understanding of European integration.

Author : Mátyás Bencze,Gar Yein Ng
Publisher : Springer
Page : 268 pages
File Size : 40,8 Mb
Release : 2018-08-30
Category : Law
ISBN : 9783319973166

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How to Measure the Quality of Judicial Reasoning by Mátyás Bencze,Gar Yein Ng Pdf

This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.

Author : Robert J. Sharpe
Publisher : University of Toronto Press
Page : 351 pages
File Size : 46,5 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 : Piotr Bystranowski,Bartosz Janik,Maciej Próchnicki
Publisher : Springer
Page : 0 pages
File Size : 46,9 Mb
Release : 2023-11-18
Category : Law
ISBN : 3031117468

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Judicial Decision-Making by Piotr Bystranowski,Bartosz Janik,Maciej Próchnicki Pdf

This book shares state-of-the-art insights on judicial decision-making from both theoretical and empirical perspectives. It offers in-depth coverage of the forefront of the field and reviews the most important issues and discussions connected with an empirical approach to judicial decision-making. It also addresses the challenges of judicial psychology to the ideal of rule of law and explores the promise and perils of applying artificial intelligence in law. In closing, it offers empirically-driven guidance on ways to improve the quality of legal reasoning. Chapter “The Challenges of Artificial Judicial Decision-Making for Liberal Democracy” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.