Legal Reasoning And Legal Theory PDF Download
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| Author | : Neil MacCormick |
| Publisher | : Clarendon Press |
| Total Pages | : 322 |
| Release | : 1994-08-11 |
| Genre | : Law |
| ISBN | : 0191018597 |
Download Legal Reasoning and Legal Theory Book in PDF, ePub and Kindle
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.
| Author | : Fernando Atria |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 252 |
| Release | : 2002-08-07 |
| Genre | : Law |
| ISBN | : 1847316328 |
Download On Law and Legal Reasoning Book in PDF, ePub and Kindle
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.
| Author | : Melvin A. Eisenberg |
| Publisher | : Cambridge University Press |
| Total Pages | : 194 |
| Release | : 2022-09-29 |
| Genre | : Law |
| ISBN | : 1009192760 |
Download Legal Reasoning Book in PDF, ePub and Kindle
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 | : John Delaney |
| Publisher | : John Delaney Publications |
| Total Pages | : 206 |
| Release | : 1987 |
| Genre | : Law |
| ISBN | : |
Download How to Brief a Case Book in PDF, ePub and Kindle
| Author | : Jerzy Stelmach |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 237 |
| Release | : 2006-09-03 |
| Genre | : Law |
| ISBN | : 1402049390 |
Download Methods of Legal Reasoning Book in PDF, ePub and Kindle
Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
| Author | : Larry Alexander |
| Publisher | : Cambridge University Press |
| Total Pages | : 254 |
| Release | : 2008-06-16 |
| Genre | : Philosophy |
| ISBN | : 113947247X |
Download Demystifying Legal Reasoning Book in PDF, ePub and Kindle
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 | : Keith J. Holyoak |
| Publisher | : Cambridge University Press |
| Total Pages | : 880 |
| Release | : 2005-04-18 |
| Genre | : Psychology |
| ISBN | : 9780521824170 |
Download The Cambridge Handbook of Thinking and Reasoning Book in PDF, ePub and Kindle
The Cambridge Handbook of Thinking and Reasoning is the first comprehensive and authoritative handbook covering all the core topics of the field of thinking and reasoning. Written by the foremost experts from cognitive psychology, cognitive science, and cognitive neuroscience, individual chapters summarize basic concepts and findings for a major topic, sketch its history, and give a sense of the directions in which research is currently heading. The volume also includes work related to developmental, social and clinical psychology, philosophy, economics, artificial intelligence, linguistics, education, law, and medicine. Scholars and students in all these fields and others will find this to be a valuable collection.
| Author | : Neil MacCormick |
| Publisher | : OUP Oxford |
| Total Pages | : 304 |
| Release | : 2005-07-28 |
| Genre | : Law |
| ISBN | : 0191018783 |
Download Rhetoric and The Rule of Law Book in PDF, ePub and Kindle
Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based? Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.
| Author | : Jaakko Husa |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 278 |
| Release | : 2013-01-28 |
| Genre | : Law |
| ISBN | : 1782250689 |
Download Objectivity in Law and Legal Reasoning Book in PDF, ePub and Kindle
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.
| Author | : Giorgio Bongiovanni |
| Publisher | : Springer |
| Total Pages | : 764 |
| Release | : 2018-07-02 |
| Genre | : Philosophy |
| ISBN | : 9048194520 |
Download Handbook of Legal Reasoning and Argumentation Book in PDF, ePub and Kindle
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.
