Analogical Reasoning In Law
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Analogical Reasoning In Law
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Author : Maciej Koszowski
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2019-04-02
Analogical Reasoning In Law written by Maciej Koszowski and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-02 with Philosophy categories.
This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith—astonishing or not—not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.
Demystifying Legal Reasoning
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Author : Larry Alexander
language : en
Publisher: Cambridge University Press
Release Date : 2008-06-16
Demystifying Legal Reasoning written by Larry Alexander and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-16 with Philosophy categories.
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.
Thinking Like A Lawyer
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Author : Frederick F. Schauer
language : en
Publisher: Harvard University Press
Release Date : 2009-04-27
Thinking Like A Lawyer written by Frederick F. Schauer and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-27 with Law categories.
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.
Analogical Reasoning In Islamic Jurisprudence
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Author : Ahmad Hasan
language : en
Publisher:
Release Date : 2023-08-19
Analogical Reasoning In Islamic Jurisprudence written by Ahmad Hasan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-19 with categories.
This study deals with the concept, rules and application of Qiyas as developed in the medieval period. The early chapters contain a general treatment of this principle. These are followed by chapters relating to definition of Qiyas, the original and the parallel case. The most difficult problem in Qiyas is the illah. We have extensively dealt with it dividing it into seven chapters. The Chapters relating to condition (shart), cause (sabab) and impediments (mawani') have also been included, as they are indirectly connected with the 'illah. As istihsan is a latent analogy (qiyas khafi), we have dealt with this problem in a separate chapter. Qiyas has remained all along a controversial subject. We have therefore analysed the points of view of its exponents and adversaries, and discussed their arguments in greater detail.
Legal Writing In Context
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Author : Sonya G. Bonneau
language : en
Publisher:
Release Date : 2024
Legal Writing In Context written by Sonya G. Bonneau and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Law categories.
Readers of this textbook will learn to think deductively and analogically, to distill the holdings of multiple cases into a coherent legal rule, and to craft a compelling narrative, among other skills. All the nuts and bolts of effective lawyering are here. But this new edition also helps students understand how context (historical, societal, and personal) can play a role in legal analysis and gives students tools for how to find and use that context. Professors Susan McMahon and Sonya Bonneau have mined the writings of legal academics, lawyers, judges, psychologists, and philosophers to produce a text for legal writing courses that teaches students practical writing skills, uses theory to explain why those skills are effective, and primes students to understand the influence of context on legal thinking.
Conceptual Structures For Knowledge Creation And Communication
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Author : Aldo de Moor
language : en
Publisher: Springer
Release Date : 2003-09-09
Conceptual Structures For Knowledge Creation And Communication written by Aldo de Moor and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-09 with Computers categories.
This volume contains the proceedings of ICCS 2003, the 11th International C- ferenceonConceptualStructures. Thisconferenceseriescontinuestobethemain forum for the presentation and discussion of state-of-the-art research on conc- tualstructures. Thetheories,methodologies,andtechniquespresentedherehave grown considerably in scope in recent years. On the other hand, solid bridges spanning the boundaries between such diverse ?elds as Conceptual Graphs, F- mal Concept Analysis, and others are increasingly being built in our community. The theme of this year’s conference was “Conceptual Structures for Kno- edge Creation and Communication”. In our increasingly (Inter)networked world, the potential support of information technology for the creation and commu- cation of quality knowledge is almost boundless. However, in reality, many c- ceptual barriers prevent the use of this potential. The main problem is no longer in the technological infrastructure, but in how to navigate, use, and manage the wealth of available data resources. Thus, the question is: how to create and communicate from data the information and ultimately the knowledge required by an ever more complex and dynamic society? Conceptual structures research focuses on what is behind and between the data glut and the information ov- load that need to be overcome in answering this question. In this way, our ?eld contributes important ideas on how to actually realize some of the many still ambitious visions. All regular papers were reviewed in a thorough and open process by at least two reviewers and one editor.
Common Law In The Age Of Statutes
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Author : David M Wright
language : en
Publisher:
Release Date : 2015-07-29
Common Law In The Age Of Statutes written by David M Wright and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-29 with Common law categories.
This topical book provides an insightful analysis of the increasing prominance of the statute in AustraliaoÂeÂ(tm)s inherited common law system. It examines the integration of the two sources of law, with specific reference to the operation of claims for damages under the two sources of law and the concept of the equity of the statute. The author addresses how the common law can develop in the current environment and discusses the modern relationship between legislation and judge-made law. Two interlinked themes are presented. First, as most new law is sourced from statute, an understanding of the law of obligations is incomplete without a consideration of how statute is affecting traditional legal obligations. The example of damages under the Australian Consumer Law is analysed in detail. The statutory regime has the potential to render irrelevant significant parts of the traditional law of contract, tort and equity, which traditionally have had detailed remedial schemes. This potential will be examined in the book. The second theme is an investigation of the unification of private and public law and the important role that the Equity of the Statute (via statutory interpretation and analogical reasoning) can play in this development. This book will be of particular relevance to legal practitioners, courts and anyone faced with managing legal matters in the current legal environment, for whom a deep knowledge of the interrelationship of the two sources can inform their approach to private law remedies. It will also engage researchers, legal theorists, scholars and anyone interested in the modern operation of the Australian legal system. Features oÂeo Accessible treatment of complex structure of AustraliaoÂeÂ(tm)s modern legal system oÂeo Highlights the role of statutory interpretation in the common law system oÂeo Offers guidance as to assessment of appropriate remedies Related Title Pearce & Geddes, Statutory Interpretation in Australia, 8th ed, 2014
The Five Types Of Legal Argument
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Author : Wilson Ray Huhn
language : en
Publisher:
Release Date : 2008
The Five Types Of Legal Argument written by Wilson Ray Huhn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Judicial process categories.
The Five Types of Legal Argument succeeds both as a work of legal theory and as a practical guide to legal reasoning for law students, lawyers, and judges. Huhn introduces each concept separately, and from many parts Huhn develops an intricate and nuanced theory of what law is. Huhn also shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition, and policy) and how to weave the different types of arguments together to make them more persuasive. The Second Edition of this book further develops both the theoretical and practical themes of the work. In this edition Huhn introduces two additional ways of attacking legal arguments, and in a new chapter he utilizes principles of deductive logic to demonstrate the validity of the theory of the five types of legal arguments. The principal strength of this book is its clarity. The book is written in plain language that is easily understood both by lay persons and professionals, and it is organized simply and logically. Reviewers and legal scholars have described the book as "fascinating" and "masterful." The Five Types of Legal Argument is required reading at a number of leading American law schools, and it is recommended for anyone who wishes to understand how to construct and how to critique legal arguments. "I found The Five Types of Legal Argument to be invaluable because it succinctly breaks down legal analysis. At first, reading judicial opinions, especially with majority and dissenting opinions, can be a dizzying experience. But when you break down the arguments you learn to spot appeals to different types of reasoning. The reward is two-fold: First, you can more easily understand judicial opinions and can criticize or appreciate them on a more sophisticated level. Second, the five types of legal arguments become a checklist of tools that you can invoke to make persuasive legal arguments of your own." Bryce Landier, former law student "The Five Types of Legal Argument contains two of the top three most valuable pages that I have read during my time in law school." Whit Pierce, law student "The Five Types of Legal Argument will help you shift the way you read from simply understanding and memorizing legal texts to critically analyzing and interpreting the text and the arguments made within the text. I wish I read this book during my 1L year." Kathleen Rose, law student "This book will help you read, it will help you write, and it will help you think clearly about the arguments that are made in legal discourse." Jonathan Williams, law student "In law school, professors always tell us not to focus on the trees, but to step back and see the forest when analyzing legal issues. This book certainly furthers that well-reasoned approach." Amanda Johnson, law student "The book serve[s] as a fine introduction to legal analysis and indicate to students the importance of identifying the categories of legal argument they encounter." Ben Wiles, law student
Legal Knowledge And Analogy
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Author : P.J. Nerhot
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Legal Knowledge And Analogy written by P.J. Nerhot and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.
Legal Reasoning And Political Conflict
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Author : Cass R. Sunstein
language : en
Publisher: Oxford University Press
Release Date : 2018-02-16
Legal Reasoning And Political Conflict written by Cass R. Sunstein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-16 with Law categories.
In Legal Reasoning and Political Conflict, Cass R. Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Professor Sunstein closely analyzes the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. He states that judges purposely limit the scope of their decisions to avoid reopening large-scale controversies, calling such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning, he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, and Ronald Dworkin. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. Legal reasoning can seem impenetrable, mysterious, baroque. Legal Reasoning and Political Conflict helps dissolve the mystery. Whether discussing abortion, homosexuality, or free speech, the meaning of the Constitution, or the spell cast by the Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: to the legislatures elected by the people. In this Second Edition, the author updates the previous edition bringing the book into the current mainstream of twenty-first century legal reasoning and judicial decision-making focusing on the many relevant contemporary issues and developments that occurred since its initial 1996 publication.