Reasoning With Rules And Precedents


Reasoning With Rules And Precedents
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Reasoning With Rules And Precedents


Reasoning With Rules And Precedents
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Author : L. Karl Branting
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09

Reasoning With Rules And Precedents written by L. Karl Branting 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 2013-03-09 with Computers categories.


Few areas of human expertise are so well understood that they can be completely reduced to general principles. Similarly, there are few domains in which experience is so extensive that every new problem precisely matches a previous problem whose solution is known. When neither rules nor examples are individually sufficient, problem-solving expertise depends on integrating both. This book presents a computational framework for the integration of rules and cases for analytic tasks typified by legal analysis. The book uses the framework for integrating cases and rules as a basis for a new model of legal precedents. This model explains how the theory under which a case is decided controls the case's precedential effect. The framework for integrating rules and cases is implemented in GREBE, a system for legal analysis. The book presents techniques for representing, indexing, and comparing complex cases and for converting justification structures based on rules and case into natural-language text. This book will interest researchers in artificial intelligence, particularly those involved in case-based reasoning, artificial intelligence and law, and formal models of argumentation, and to scholars in legal philosophy, jurisprudence, and analogical reasoning.



Reasoning With Rules And Precedents


Reasoning With Rules And Precedents
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Author : Luther Branting
language : en
Publisher: Springer
Release Date : 2014-01-15

Reasoning With Rules And Precedents written by Luther Branting and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-15 with categories.




An Introduction To Law And Legal Reasoning


An Introduction To Law And Legal Reasoning
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Author : Steven J. Burton
language : en
Publisher: Aspen Publishing
Release Date : 2007-01-10

An Introduction To Law And Legal Reasoning written by Steven J. Burton and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-10 with Law categories.


Now in its Third Edition, An Introduction to Law and Legal Reasoning continues to be the ideal go-to for the first year law student. It is a short, practical book that introduces beginning law students and others to contemporary law and legal reasoning. By presenting these topics through various discussions of cases and examples, it provides students with a solid source to reference for years to come. A dependable, practical source, that: Covers analogical and deductive reasoning, as well as the roles of legal conventions, purposes, and policies in legal reasoning Discusses cases of varying difficulty to diversify the learning process Presents law and legal reasoning primarily through discussions of cases and examples that avoid the abstraction characteristic of most competing books Emphasizes the law as used in practice by lawyers and judges Provides an explicit and systematic introduction to law and legal reasoning Offers a source suitable for use as supplementary reading in any first year course, in legal research and writing courses, in paralegal courses, and in other settings This great new edition has been carefully updated to include: A new chapter, "Hardest Cases," that highlights cases notorious in the press Updates throughout that guarantee the most current legal information



Precedents Statutes And Analysis Of Legal Concepts


Precedents Statutes And Analysis Of Legal Concepts
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Author : Scott Brewer
language : en
Publisher: Routledge
Release Date : 2013-06-17

Precedents Statutes And Analysis Of Legal Concepts written by Scott Brewer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-17 with Philosophy categories.


At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.



Thinking Like A Lawyer


Thinking Like A Lawyer
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Author : Frederick Schauer
language : en
Publisher: Harvard University Press
Release Date : 2012-04-02

Thinking Like A Lawyer written by Frederick 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 2012-04-02 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.



Constitutional Precedent In Us Supreme Court Reasoning


Constitutional Precedent In Us Supreme Court Reasoning
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Author : David Schultz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-03-15

Constitutional Precedent In Us Supreme Court Reasoning written by David Schultz 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 2022-03-15 with categories.


Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.



Reason In Law


Reason In Law
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Author : Lief H. Carter
language : en
Publisher: University of Chicago Press
Release Date : 2016-03-04

Reason In Law written by Lief H. Carter and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-04 with Political Science categories.


Newly updated ninth edition: “A superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning.” —Law and Politics Book Review Over the decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.



Learning Legal Rules


Learning Legal Rules
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Author : James Holland
language : en
Publisher: Oxford University Press
Release Date : 2013-07-11

Learning Legal Rules written by James Holland 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 2013-07-11 with Law categories.


Bringing together the theory, structure, and practice of legal reasoning in an accessible style, this book explains how to uncover and exploit the mysteries of legal materials. It draws the student into the techniques of legal analysis and argument and the operation of precedent and statutory interpretation.



Advanced Introduction To 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.



Legal Reasoning And Legal Theory


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.