Methods Of Legal Reasoning

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Methods Of Legal Reasoning

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Author : Jerzy Stelmach
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-09-03

Methods Of Legal Reasoning written by Jerzy Stelmach 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 2006-09-03 with Law categories.

Anyone reflecting on the methodology of legal reasoning faces a difficult task. The number of methodological theories in jurisprudence and the vast literature on the subject are not the only problems that have to be taken into account. Perhaps the most striking difficulty concerning the methodology of legal argument is the heated debate between jurists, legal theorists and philosophers of law that has been recurring since at least nineteenth century. Therefore a justification is needed for writing yet another book c- cerning the methods of legal reasoning; a book that aims to cover a lot of what has already been proposed in legal theory. We believe that there is such a justification. First, the perspective that we adopt in the present book is unique, at least in some respects. We venture to look at the methodology of legal reasoning “from the outside”, i.e. from a more g- eral, philosophical perspective, while taking into account the “hard re- ity” of law. This perspective enables us to ask questions about the justification for the methods of legal argument presented. Second, we do not want to defend one, paradigmatic conception of legal reasoning. On the contrary, we put forward the thesis that there is a plurality of argumentative methods. The plurality, however, does not lead to relativism in legal decision-making. Third, we reject any hierarchy of the methods of legal reasoning, and take the view that one can speak only of the precision and flexibility of different methodologies.

Legal Method And Reasoning

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Author : Sharon Hanson
language : en
Publisher: Routledge
Release Date : 2012-09-10

Legal Method And Reasoning written by Sharon Hanson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Law categories.

Language skills,study skills, argument skills and legal knowledge are vital to every law student, professional lawyer and academic. Legal Method Reasoning offers a range of 'how to' techniques for acquiring these skills. It shows how to handle and use legal texts, how to read and write about the law, how to acquire disciplined study techniques and how to construct legal arguments. This new edition will be of value to both undergraduate and postgraduate law students.

Legal Method Skills And Reasoning

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Author : Sharon Hanson
language : en
Publisher: Routledge
Release Date : 2009-07-27

Legal Method Skills And Reasoning written by Sharon Hanson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-27 with Law categories.

Language skills, study skills, argument skills and legal knowledge are vital to every law student, professional lawyer and academic. Legal Method, Skills and Reasoning suggests a range of 'how-to' techniques for perfecting these academic and practical skills. It explains how to work with legal texts; how to read and write about the law; how to acquire effective disciplined study techniques; and how to construct legal arguments. Packed full of practical examples and diagrams across the range of legal skills from language and research skills to mooting and negotiation, this edition will be invaluable to law students seeking to acquire a deeper understanding of how to apply each discreet legal skill effectively. This restructured third edition is now additionally supported by a Companion Website offering a wealth of additional resources for individual and group work for both students and lecturers. For students, the Companion Website offers: workbooks for each part, containing guided practical and reflective tasks a series of ‘how-to’ exercises, which help to provide real-life legal skills examples and practice guidance on answering legal problem and essay-style questions self-test quizzes to consolidate learning for each individual legal skill. For lecturers, the Companion Website hosts: a set of PowerPoint slides of the diagrams in the text specimen seminar plans, with supplementary notes to provide support and inspiration for teaching legal skills sample legal skills assessment, and accompanying answers.

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.

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?

Advanced Introduction To Legal Reasoning

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Author : Larry Alexander
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-05-28

Advanced Introduction To Legal Reasoning written by Larry Alexander 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 2021-05-28 with Law categories.

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.

Learning Legal Skills And Reasoning

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Author : Sharon Hanson
language : en
Publisher: Routledge
Release Date : 2015-08-14

Learning Legal Skills And Reasoning written by Sharon Hanson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-14 with Law categories.

Language skills, study skills, argument skills and legal knowledge are vital to every law student, professional lawyer and academic. Learning Legal Skills and Reasoning discusses the main sources of English law and explains how to work with legal texts in order to construct credible legal arguments which can be applied in coursework, exams or presentations. Learning Legal Skills and Reasoning Discusses how to find and understand sources of both domestic and European Union Law Develops effective disciplined study techniques, including referencing, general reading, writing and oral skills and explains how to make good use of the university print and e-library Contains chapters on writing law essays, problem questions and examinations, and on oral skills including presentations and mediation skills Packed full of practical examples and diagrams across the range of legal skills from language and research skills to mooting and negotiation, this textbook will be invaluable to law students seeking to acquire a range of discreet legal skills in order to use them together to produce competent assessed work.

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

Argumentation Methods For Artificial Intelligence In Law

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Author : Douglas Walton
language : en
Publisher: Springer Science & Business Media
Release Date : 2005-09-30

Argumentation Methods For Artificial Intelligence In Law written by Douglas Walton 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 2005-09-30 with Law categories.

During a recent visit to China to give an invited lecture on legal argumentation I was asked a question about conventional opinion in western countries. If legal r- soning is thought to be important by those both inside and outside the legal prof- sion, why does there appear to be so little attention given to the study of legal logic? This was a hard question to answer. I had to admit there were no large or well-established centers of legal logic in North America that I could recommend as places to study. Going through customs in Vancouver, the customs officer asked what I had been doing in China. I told him I had been a speaker at a conf- ence. He asked what the conference was on. I told him legal logic. He asked 1 whether there was such a thing. He was trying to be funny, but I thought he had a good point. People will question whether there is such a thing as “legal logic”, and some recent very prominent trials give the question some backing in the common opinion. But having thought over the question of why so little attention appears to be given to legal logic as a mainstream subject in western countries, I think I now have an answer. The answer is that we have been looking in the wrong place.

Legal Methods

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Author : Thomas M J Möllers
language : en
Publisher: Beck/Hart
Release Date : 2020-03-05

Legal Methods written by Thomas M J Möllers and has been published by Beck/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-05 with Law categories.

This work provides lawyers with more than 100 legal interpretation figures that are used by lawyers worldwide to justify their legal decisions. The book puts lawyers in a position, to develop - step by step - a solution for a hitherto unsolved legal problem in such a way that it convinces the opposing party of the content of his/her solution. The book covers - legal sources - classic and modern figures of interpretation - the challenging concretisation and construction of law - influence of the constitution and European law as a higher-ranking law - determination of the limits of permissible further development of the law - and, very relevant for practice, the hermeneutics of facts The book benefits from a combination of classic and modern methodology, a lively presentation with numerous examples from literature and jurisprudence and coverage of several cases for in-depth reflection. The work will be a significant tool for all those interested in the basics of law.