Legal Reason
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On Law And Reason
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Author : Aleksander Peczenik
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-01-12
On Law And Reason written by Aleksander Peczenik 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 2014-01-12 with Law categories.
'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.
Legal Reason
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Author : Lloyd L. Weinreb
language : en
Publisher:
Release Date : 2016
Legal Reason written by Lloyd L. Weinreb and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Legal Reason
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Author : Lloyd L. Weinreb
language : en
Publisher: Cambridge University Press
Release Date : 2016-09-29
Legal Reason written by Lloyd L. Weinreb 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 2016-09-29 with Law categories.
Legal Reason describes and explains analogical reasoning, the distinctive feature of legal argument. It challenges the prevailing view that analogical reasoning is a logically flawed, defective form of deductive reasoning. Drawing on work in epistemology and cognitive psychology, the book shows that analogical reasoning in the law is the same as that used by everyone routinely in ordinary life, and that it is a valid form of reasoning, derived from the innate human capacity to recognize the general in the particular. The use of analogical reasoning in law is dictated by the nature of law, which calls for the application of general rules to particular facts. Critiques of the first edition of the book are addressed directly and objections answered in a new chapter. Written for scholars, students, and persons interested in law, Legal Reason is written in accessible prose, with examples drawn from the law and everyday experience.
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.
Legal Reasoning And Legal Theory
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Author : Neil MacCormick
language : en
Publisher: Clarendon Press
Release Date : 1994-08-11
Legal Reasoning And Legal Theory written by Neil MacCormick and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-08-11 with Law categories.
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.
On Law And Legal Reasoning
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Author : Fernando Atria
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-08-07
On Law And Legal Reasoning written by Fernando Atria and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-07 with Law categories.
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.
Reason In Law
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Author : Lief H. Carter
language : en
Publisher: Addison Wesley Longman
Release Date : 1998
Reason In Law written by Lief H. Carter and has been published by Addison Wesley Longman this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
Previous editions : 1988 (3rd) ; and 1994 (4th).
The Decline Of Juridical Reason
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Author : Nigel E. Simmonds
language : en
Publisher: Manchester University Press
Release Date : 1984
The Decline Of Juridical Reason written by Nigel E. Simmonds and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Jurisprudence categories.
Law Truth And Reason
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Author : Raimo Siltala
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-07-29
Law Truth And Reason written by Raimo Siltala 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 2011-07-29 with Law categories.
This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.
Legal Reasoning Legal Theory And Rights
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Author : MartinP. Golding
language : en
Publisher: Routledge
Release Date : 2017-07-05
Legal Reasoning Legal Theory And Rights written by MartinP. Golding and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.