A Short Introduction To Judging And To Legal Reasoning

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A Short Introduction To Judging And To Legal Reasoning

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Author : Geoffrey Samuel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-08-26

A Short Introduction To Judging And To Legal Reasoning written by Geoffrey Samuel and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-26 with Law categories.

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.

Proof Evidence And Hate Crime

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Author : Tshepo Bogosi Mosaka
language : en
Publisher: Taylor & Francis
Release Date : 2025-07-18

Proof Evidence And Hate Crime written by Tshepo Bogosi Mosaka and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-18 with Law categories.

Proof is the property of a disputed fact being established inferentially from an extant fact. This book explicates the structural components of this phenomenon in the context of hate crimes across various jurisdictions around the world. It departs from the orthodox conception of evidence and proof as being a general, value-neutral (or non-normative) and epistemic subject, and offers a relativistic conception of this area of law. The core argument is that proof is both semantically and methodologically determined by three conditions of materiality, process and probativity. This argument is then justified by the context-specific application of this relativistic theory of proof to hate crimes. This theoretical application of proof is sustained throughout the book using multiple examples and illustrations of hate crimes around the world. The discussion, both at the level of proof and hate crimes, while focusing on the grounds of race, religion and ethnicity specifically, is framed in jurisprudential, cross-jurisdictional and interdisciplinary terms. The book will be of interest to academics and researchers working in the areas of criminal law, legal philosophy and procedural law.

Rethinking Legal Reasoning

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Author : Geoffrey Samuel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-08-31

Rethinking Legal Reasoning written by Geoffrey Samuel and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-31 with Law categories.

‘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?

New Developments In Legal Reasoning And Logic

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Author : Shahid Rahman
language : en
Publisher: Springer Nature
Release Date : 2021-12-16

New Developments In Legal Reasoning And Logic written by Shahid Rahman and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-16 with Philosophy categories.

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.

Research Methods In Law

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Author : Dawn Watkins
language : en
Publisher: Taylor & Francis
Release Date : 2025-07-31

Research Methods In Law written by Dawn Watkins and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-31 with Law categories.

Explaining in clear terms some of the main methodological approaches to legal research, Research Methods in Law is written by specialists in their fields, researching in a variety of jurisdictions. Covering a range of topics, including feminist approaches, economic analysis of the law and socio-legal studies, each contributor addresses the topic of ‘lay decision makers in the legal system’ from their particular methodological perspective. This focus on one main topic allows the reader to draw comparisons between methods with relative ease. This third edition has been fully updated, and includes bullet point summaries at the start of each chapter. There are also two new chapters covering biographical approaches and creative approaches. 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.

Discretion And The Quest For Controlled Freedom

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Author : Tony Evans
language : en
Publisher: Springer Nature
Release Date : 2019-08-21

Discretion And The Quest For Controlled Freedom written by Tony Evans and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-21 with Political Science categories.

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.

Rethinking Historical Jurisprudence

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Author : Samuel, Geoffrey
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-10-18

Rethinking Historical Jurisprudence written by Samuel, Geoffrey and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-18 with Law categories.

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.

Scientia Iuris

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Author : Luca Siliquini-Cinelli
language : en
Publisher: Springer Nature
Release Date : 2024-04-18

Scientia Iuris written by Luca Siliquini-Cinelli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-18 with Law categories.

Law’s regulatory reach has grown significantly over the past few decades. Yet, at the same time, law schools and legal professions in Western and Western-oriented jurisdictions have undergone an acute crisis. How is this possible? In this insightful and wide-ranging book, Luca Siliquini-Cinelli argues that these trends are in fact complementary manifestations of a single phenomenon—namely, that law is and will always be more capable of regulating social interaction without the experiential contribution of legal experts. Siliquini-Cinelli contends that the separation of law’s regulatory function from legal experts is structurally linked to the former’s nature and operational dynamics as an intellectual artifact to be used for ordering purposes. As a product of the intellect, law is a matter of knowledge, not experience. In fact, Siliquini-Cinelli holds, law’s artifactuality voids experience, including that of legal experts, making it redundant. This explains how law can thrive as a regulatory phenomenon while the very places where future legal professionals are formed and those places where it is practised are in crisis. To show this, Siliquini-Cinelli embarks upon a historical, philosophical, and comparative analysis of law’s artifactuality, focusing on the teaching, study and practise of law as intellectual endeavours, from the advent of juristic activities in the Late Roman Republic to current legal pedagogies, practices, and reforms in Civil and Common law jurisdictions. In so doing, Siliquini-Cinelli employs the Latin phrase ‘scientia iuris’ to explain why and how legal education and practice pursue knowledge at the expense of experience, and the serious implications this has for lawyering activities. Moving beyond established narratives, Siliquini-Cinelli argues that ‘scientia iuris’ ought not be reduced to dogmatic analysis (scientia iuris as doctrina iuris). Rather, ‘scientia iuris’ denotes the knowledge of the law sought by all those who teach, study, and practise it, and which is actualised through a form of legal thinking and argumentation that moves along reason’s metaphysical, constructivist lines (scientia iuris as cognitio iuris). Thus, scientia iuris is not the prerogative of a few legal scholars; rather, it lies at the very core of Western legal education and practice, broadly understood. The relevance of Siliquini-Cinelli’s original and interdisciplinary analysis is profound and far-reaching: the crisis that legal education and practice are undergoing is not an isolated, or accidental, event; it is a consequence of the very ways in which law has been taught, studied, and practised since Rome. Endorsements ‘This richly researched book on the history of scientia iuris is a work on epistemology which argues that the legal model is highly problematic and will eventually be able to function without the intervention of jurists and lawyers. Such a thesis is based upon a very detailed knowledge both of philosophy and of the legal primary and secondary sources from Roman to modern times. The author is at home with Ancient Greek, Latin, French, German and Italian texts and this means that the research basis for the thesis not only is unusually profound – encompassing both the civil and the common law – but will make a major contribution to historical jurisprudence, to comparative legal history, to comparative law in general and to legal theory. This is legal scholarship of the highest order.’ Geoffrey Samuel, Emeritus Professor of Law, Kent Law School ‘In this exceptionally robust and expertly-researched new book, Luca Siliquini-Cinelli presents a provocative thesis. He proposes that the experience of legal experts is redundant when it comes to the success of law as a regulatory framework. Oscillating between historical, material, philosophical and literary frames, Siliquini-Cinelli introduces what he terms ‘law’s artifactuality’. Law’s artifactuality as an intellectual phenomenon of social ordering is established through a comparative excavation of legal pedagogy and practice stretching from the Late Roman Republic to contemporary contexts to expose law as a product of the intellect. Law is therefore a matter of knowledge, not experience. Siliquini-Cinelli makes a sophisticated philosophical case for scientia iuris as a special form of knowledge that exists distinct from experience. This is at the core of the book in claiming that the current detachment of law from legal experts is a symptom of law’s essential and enduring artifactuality. This detachment is therefore incubated and internal to law’s essential nature rather than a consequence of the prophetic shadow of AI. This book is a vital and timely intervention in the current crisis gripping legal education and legal practice and their future relation with AI. The book is a stellar example of the profound importance of historical and philosophical thinking in law as a means to understanding contemporary phenomena in law. Siliquini-Cinelli executes his analysis masterfully and brings fundamental insights to the debate on knowledge and experience in law.’ Kimberley Brayson, Professor of Critical Jurisprudence, Leicester Law School ‘This book is not for the faint-hearted or the narrow-minded. It is not for the narrow-minded as it paints on the broadest of canvasses, from the Late Roman Republic to the Middle Ages to the Methodological Legal Positivism that characterises modernity. It is not for the faint-hearted as it makes the bold claim that law does not need lawyers. The reason law does not need lawyers is that law is based on knowledge, not experience. If Luca Siliquini-Cinelli is right, then Oliver Wendell Holmes is wrong. The stakes couldnot be higher.’ Joshua Neoh, Associate Professor of Law, ANU College of Law '[An] important book ... [it] represents a significant contribution to legal philosophy and historical jurisprudence. Its strengths are found in its philosophical analysis, its link-age of historical and contemporary issues, and its challenge to conventional legal thought. This work is particularly pertinent for those interested in the future of legal education and the influence of AI on law and legal reasoning' Michael Palmer, Professor, SOAS and Institute of Advanced Legal Studies, University of London; Cheng Yu Tung Visiting Professor of Law, University of Hong Kong; Hong Kong Institute of Asia-Pacific Studies, Chinese University of Hong Kong; Amicus Curiae - The Journal of the Society for Advanced Legal Studies, Book Symposium on Scientia Iuris '[A] landmark book.' Robert Herian, Associate Professor of Law, Exeter Law School; Amicus Curiae - The Journal of the Society for Advanced Legal Studies, Book Symposium on Scientia Iuris

Law And Film

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Author : Vittoria Becci
language : en
Publisher: Taylor & Francis
Release Date : 2024-12-31

Law And Film written by Vittoria Becci and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-31 with Law categories.

This book explores how law can be understood through film by engaging creatively with the intellectual and aesthetic dimensions of both fields. Challenged to go beyond an instrumental analysis of a law "and" film, the contributors to this book instead consider instead the need to turn to film and what this means for how we come to understand law and its absences. The chapters explore a variety of narratives, aesthetics, cinematic epistemologies and legal phenomena; from assessing law in social debates to film as legal critique, from notions of justice to contemplations on evil, and from masculine vigilantism to radical feminism. Taken together, they constitute an inspiring body of work that embodies an urgency for diverse and subversive ways to challenge law’s formalism and authority; and to think about and respond variously to law’s impotence, its disappointment, or its boredom. This book will appeal to legal scholars and students in law and the humanities, especially those with interests in aesthetics, law and literature, law and culture, law and society, and critical legal theory.

Comparative Methods In Law Humanities And Social Sciences

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Author : Adams, Maurice
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-11-19

Comparative Methods In Law Humanities And Social Sciences written by Adams, Maurice and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-19 with Law categories.

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.