Reasoning With Law
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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?
Reasoning With Rules
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Author : Jaap Hage
language : en
Publisher: Springer Science & Business Media
Release Date : 1996-11-30
Reasoning With Rules written by Jaap Hage 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 1996-11-30 with Law categories.
Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
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.
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.
A Primer On Legal Reasoning
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Author : Michael Evan Gold
language : en
Publisher: ILR Press
Release Date : 2018-11-15
A Primer On Legal Reasoning written by Michael Evan Gold and has been published by ILR Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-15 with Law categories.
After years of teaching law courses to undergraduate, graduate, and law students, Michael Evan Gold has come to believe that the traditional way of teaching – analysis, explanation, and example – is superior to the Socratic Method for students at the outset of their studies. In courses taught Socratically, even the most gifted students can struggle, and many others are lost in a fog for months. Gold offers a meta approach to teaching legal reasoning, bringing the process of argumentation to the fore. Using examples both from the law and from daily life, Gold's book will help undergraduates and first-year law students to understand legal discourse. The book analyzes and illustrates the principles of legal reasoning, such as logical deduction, analogies and distinctions, and application of law to fact, and even solves the mystery of how to spot an issue. In Gold's experience, students who understand the principles of analytical thinking are able to understand arguments, to evaluate and reply to them, and ultimately to construct sound arguments of their own.
Logic In Law
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Author : A. Soeteman
language : en
Publisher: Springer
Release Date : 1988-12-31
Logic In Law written by A. Soeteman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-12-31 with Law categories.
The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.
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.
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.
Evidential Legal Reasoning
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Author : Jordi Ferrer Beltrán
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-19
Evidential Legal Reasoning written by Jordi Ferrer Beltrán 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 2022-05-19 with Law categories.
This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors.