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Lectures on the Paradigms of Legal Thinking

Lectures on the Paradigms of Legal Thinking
Author: Csaba Varga
Publisher: Akademiai Kiads
Total Pages: 296
Release: 1999
Genre: Law
ISBN:

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Legal philosopher Varga introduces readers to reasoning in law by leading them through the possibilities, boundaries, and traps of assuming personal responsibility and impersonal pattern adoption that have arisen in the history of human thought and in the various legal cultures. He seeks to reveal the actual processed hidden by the veil of patterns that are followed in thinking, processed that people encounter both in conceptual-logical quests for certainties and in the undertaking of fertilizing ambiguity. The original Hungarian Eloadasok a jogi gondolkad'e paradigmairol was published by Osiris, Budapest in 1999. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR


The Paradigms of Legal Thinking

The Paradigms of Legal Thinking
Author: Csaba Varga
Publisher:
Total Pages: 418
Release: 2012
Genre: Law
ISBN: 9789632772998

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La 4e de couverture indique : "The author introduces the reader to reasoning in law through the possilities, boundaries and traps of assuming personal responsibility and impersonal pattern adoption that have arisen in the history of human thought and in the various legal cultures. He discloses actual processes hidden by the veil of patterns followed in thinking, processes that we encounter both in our conceptual-logical quests for certainties and in the undertaking of fertilising ambiguity. When trying to identify definitions lurking behind the human construct of facts, nitons, norms, logic, and thinking, or behind the practice of giving meanings, he discovers tradition in our presuppositions, and our world-view and moral stance in our tacit agreements. Recognising the importance of the role communication plays in shaping society, he describes our existence and institutions as self-regulating processes. Since law is a wholly social venture, we not only take part in its oeuvre with our entire personality, but are also collectively responsible for its destiny. In the final analysis, anything can be qualified as 'legal' or 'non-legal' in one or another recognised sense in which law can originate, but, as a relative totality, it can only be qualified as 'more legal' or 'less legal' in any combination of the above senses. Being formed in an uninterrupted process, neither the totality nor particular pieces of law can be taken as complete or unchangeably identical with itself. Therefore law can only be identified through its motions and computable states of 'transforming into' or 'withdrawing from' the distinctive domain of the law. Thereby both society at large and its legal professionals actually contribute to -by shaping incessantly- what presents itself as ready-to-take, according to the law's official ideology. For our initation, play, role-undertaking and human responsibility lurk behind the law's formal mask in the backstage. Or, this equals to realise that all we have become subjects from mere objects, actors from mere addressees. And despite the variety of civilisational overcoasts, the entire culture of law is still exclusively inherent in us who experience it day to day. We bear it and shape it. Everything coventional in it is convenctionalised by us. It has no further existence or effect bexond this. And with its existence inherent in us, we cannot convey the responsibility to be born for it on somebody else either. It is ours in its totality so much that it cannot be torn out of our days or acts. It will thus turn into what we guard it to become. Therefore we must take care of it at all times since we are, in many ways, taking care of our own"


On Law and Reason

On Law and Reason
Author: Aleksander Peczenik
Publisher: Springer Science & Business Media
Total Pages: 455
Release: 2014-01-12
Genre: Law
ISBN: 1402083815

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'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.


Constitutionalism and Legal Reasoning

Constitutionalism and Legal Reasoning
Author: Massimo La Torre
Publisher: Springer Science & Business Media
Total Pages: 198
Release: 2007-04-10
Genre: Law
ISBN: 1402055951

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This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.


Thinking Like a Lawyer

Thinking Like a Lawyer
Author: Frederick F. Schauer
Publisher: Harvard University Press
Total Pages: 256
Release: 2009-04-27
Genre: Law
ISBN: 0674032705

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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.


New Critical Legal Thinking

New Critical Legal Thinking
Author: Matthew Stone
Publisher: Taylor & Francis
Total Pages: 282
Release: 2012-10-12
Genre: Law
ISBN: 1136291202

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New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal. Combining grand theory with a concern for grounded political interventions, the various contributors to this book draw on political theorists and continental philosophers in order to engage with current legal problematics, such as the recent global economic crisis, the Arab spring and the emergence of biopolitics. The contributions instantiate the claim that a new and radical political legal scholarship has come into being: one which critically interrogates and intervenes in the contemporary relationship between law and power.


Theory of Legal Science

Theory of Legal Science
Author: Aleksander Peczenik
Publisher: Springer Science & Business Media
Total Pages: 698
Release: 2012-12-06
Genre: Philosophy
ISBN: 9400964811

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Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983


Legal Reasoning and Legal Theory

Legal Reasoning and Legal Theory
Author: Neil MacCormick
Publisher: Clarendon Press
Total Pages: 322
Release: 1994-08-11
Genre: Law
ISBN: 0191018597

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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.


Reason and Authority

Reason and Authority
Author: Aulis Aarnio
Publisher: Dartmouth Publishing Company
Total Pages: 328
Release: 1997
Genre: Law
ISBN:

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A treatise on the background philosophy of law, legal thinking and the change in, as well as problems of, legal science.


Thinking Like a Lawyer

Thinking Like a Lawyer
Author: Kenneth J. Vandevelde
Publisher: Routledge
Total Pages: 285
Release: 2018-04-19
Genre: Political Science
ISBN: 0429973888

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Law students, law professors, and lawyers frequently refer to the process of "thinking like a lawyer," but attempts to analyze in any systematic way what is meant by that phrase are rare. In his classic book, Kenneth J. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking. Updated for a new generation of lawyers, the second edition features a new chapter on contemporary perspectives on legal reasoning. A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school.