Legal Reasoning PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Legal Reasoning PDF full book. Access full book title Legal Reasoning by Melvin A. Eisenberg. Download full books in PDF and EPUB format.
Author: Melvin A. Eisenberg
Publisher: Cambridge University Press
ISBN: 9781009162524
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
Author: Melvin A. Eisenberg
Publisher: Cambridge University Press
ISBN: 9781009162524
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 113947247X
Category : Philosophy
Languages : en
Pages : 254
Get Book Here
Book Description
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.
Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 0195353498
Category : Law
Languages : en
Pages : 233
Get Book Here
Book Description
The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, 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. Sunstein offers a close analysis of 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. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary 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: the legislatures elected by the people.
Author: Giorgio Bongiovanni
Publisher: Springer
ISBN: 9048194520
Category : Philosophy
Languages : en
Pages : 773
Get Book Here
Book Description
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
Author: Sharon Hanson
Publisher: Routledge
ISBN: 1134047711
Category : Law
Languages : en
Pages : 411
Get Book Here
Book Description
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.
Author: Jan H Dalhuisen
Publisher: Bloomsbury Publishing
ISBN: 1509949240
Category : Law
Languages : en
Pages : 359
Get Book Here
Book Description
“... remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity.” (King's Law Journal) Volume 2 of this new edition covers the transnationalisation of dispute resolution, especially arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. The volume distinguishes between commercial, financial, and foreign investment arbitration and concentrates on the status, role, and reasoning of international arbitrators, their limited powers especially in matters of public policy and in property matters, the threat of judicialisation, and the need to connect with mediation and a settlement ethos. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
Author: Steven J. Burton
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 206
Get Book Here
Book Description
Steven Burton's AN INTRODUCTION TO LAW AND LEGAL REASONING, Second Edition continues to be an ideal learning tool for first-year law students in a variety of introductory courses including orientation programs, legal reasoning, lawyering skills, or first-year substantive courses. Written specifically for beginning law students, this concise paperback helps students gain an understanding of law and legal reasoning by emphasizing how they can use cases, rules, precedent, holding, and other elementary legal concepts to solve legal problems. Especially easy to use, The Second Edition: offers concise, lucid text gives more attention to competing, contemporary modes of analysis including Critical Legal Studies and philosophical critiques clearly delineates the structure of law as precedents, rules, principles, and policies introduces many new examples coherently organized in nine chapters, INTRODUCTION TO LAW AND LEGAL REASONING covers cases and rules, analogical and deductive legal reasoning, legal reasons and conventions, purposes, judges' and lawyers' perspectives, and legitimacy. short and affordable, this book is a good fit for orientation programs, introductory courses on legal reasoning or legal method, lawyering skills courses, or as a supplementary text in any first-year substantive course.
Author: Jan H Dalhuisen
Publisher: Bloomsbury Publishing
ISBN: 1509949208
Category : Law
Languages : en
Pages : 464
Get Book Here
Book Description
“This is a big book, with big themes and an author with the necessary experience to back them up... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance.” (Law Quarterly Review) Volume 1 of this new edition covers the roots and foundations of private law, the different origins, structure, and orientation of civil and common law, and the social and cultural forces behind it. It analyses the practical needs and market forces behind the emergence of a new transnational commercial and financial legal order, its international finance-driven impulses, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; the autonomous sources of the new law merchant or modern lex mercatoria derived from the method of public international law, as well as its relationship to domestic and transnational public policy and public order requirements. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
Author: Shahid Rahman
Publisher: Springer Nature
ISBN: 3030700844
Category : Philosophy
Languages : en
Pages : 432
Get Book Here
Book Description
This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.
Author: Jaakko Husa
Publisher: Bloomsbury Publishing
ISBN: 1782250689
Category : Law
Languages : en
Pages : 285
Get Book Here
Book Description
Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of 'objectivity' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.
