Introduction to Legal Method and Process
Author | : Michael A. Berch |
Publisher | : |
Total Pages | : 652 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
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Author | : Michael A. Berch |
Publisher | : |
Total Pages | : 652 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
Author | : Paul Cliteur |
Publisher | : Routledge |
Total Pages | : 176 |
Release | : 2022-04-04 |
Genre | : Law |
ISBN | : 1000578763 |
A New Introduction to Legal Method provides a comprehensive overview of legal science and the scientific character of legal knowledge. In five chapters, the book analyses and explores: (i) legal methodology in general, the main features of different schools of thought, and the nature of science in general; (ii) American realism, which offers an ideal starting point for law students to reflect on the material they are about to study critically; (iii) rationalism, empiricism, and logical positivism, in particular the work of Karl Popper; (iv) criticisms of essentialism; (v) the ideological and philosophical background of contemporary liberal interpretation. The inclusion of Dutch, French, and German literature sources makes this law title differ from previous writings on legal science. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research,and legal skills.
Author | : Ian McLeod |
Publisher | : Bloomsbury Publishing |
Total Pages | : 368 |
Release | : 2020-04-16 |
Genre | : Law |
ISBN | : 1137122706 |
The Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors. This ninth edition of Legal Method provides a lively introduction to the nature of the English legal system and its sources, and to the techniques which lawyers use when handling those sources. The text assumes no prior knowledge and makes its content accessible by clarity of expression rather than by dilution of content. In addition to more conventional sources, writers as varied as Jonathan Swift, Alexander Pope and T. S. Eliot are cited. This is an ideal course companion for both law undergraduate and GDL/CPE students. Includes end of chapter summaries and self-test exercises.
Author | : Paul Cliteur |
Publisher | : Routledge |
Total Pages | : 264 |
Release | : 2022-04-03 |
Genre | : |
ISBN | : 9781032252964 |
A New Introduction to Legal Method provides a comprehensive overview of legal science, and the scientific character of legal knowledge. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research and legal skills.
Author | : John Hynes Farrar |
Publisher | : |
Total Pages | : 338 |
Release | : 1990 |
Genre | : Law |
ISBN | : 9780421427709 |
Author | : Frederick F. Schauer |
Publisher | : Harvard University Press |
Total Pages | : 256 |
Release | : 2009-04-27 |
Genre | : Law |
ISBN | : 0674032705 |
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.
Author | : JANE C.. LOUK GINSBURG (DAVID S.) |
Publisher | : Foundation Press |
Total Pages | : 709 |
Release | : 2020-06-25 |
Genre | : |
ISBN | : 9781683289975 |
This updated casebook serves a course in introduction to legal reasoning. It is designed to initiate students in the legal methods of case law analysis and statutory interpretation. In a course of this kind, students should acquire or refine the techniques of close reading, analogizing, distinguishing, positing related fact patterns, and criticizing judicial and legislative exposition and logic. Law students' introduction to law can be unsettling: the sink or swim approach favored by many schools casts students adrift in a sea of substantive rules, forms and methods. By contrast, the Legal Methods course seeks to acquaint students with their new rhetorical and logical surroundings before, or together with, the students' first encounters with the substance of contracts, torts, or other first year courses. This approach may not only be user friendly; it should also prompt students to take a critical distance from the wielding of the methods. In this way, students may avoid (or at least broaden) the tunnel vision that so often afflicts beginning law students. The fifth edition features a substantially revised chapter on statutory interpretation. It not only highlights recent Supreme Court decisions, but also confronts students with statutory texts to construe independently of judicial exposition. The chapter also includes new sections on ordinary meaning, the use of dictionaries and corpus linguistics, and temporal problems in statutory interpretation.
Author | : T. Ian McLeod |
Publisher | : Palgrave |
Total Pages | : 351 |
Release | : 1999 |
Genre | : Justice, Administration of |
ISBN | : 9780333790502 |
Why do some rules have the status of law while others do not? Is law simply a matter of rules anyway? What is justice? Is there a duty to obey a law even if it is unjust? Should the law concern itself with the activities of consenting adults in private? This work asks questions such as these and explains some of the answers which legal theorists have given, from Ancient Greece to the present day. Written in a readable style, this book aims to make intrinsically difficult material accessible and interesting.
Author | : Peter L. Strauss |
Publisher | : |
Total Pages | : 952 |
Release | : 2008 |
Genre | : Law |
ISBN | : |
How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush -- that legal education should start with orientation to the materials lawyers use and the institutions they deal with.In general, Legal Methods provides an introduction to the processes and the skills necessary in the professional use of case law and legislation, and to the development of American legal institutions. The casebook starts with materials from the first decades of American history, with relatively simple common law litigation, statutes and institutions, and with a country having to fashion its law for itself, largely through its courts. As the country industrializes, judicial styles change, statutes and their interpretation become more and more important, administrative agencies emerge. The materials largely explore the developing law on the related questions of product liability and
Author | : Uzoma Ihugba |
Publisher | : African Books Collective |
Total Pages | : 291 |
Release | : 2020-07-01 |
Genre | : Law |
ISBN | : 9785916545 |
The book is written in a conversational style, and the language is accessible and simple, with flowing examples that users can relate with. Practical legal questions are raised and application of individual research methods, strategies, approaches and philosophies are demonstrated. The book starts with a clear definition of legal research method to justification and importance. It spans the research process, theoretical positions and justification for research, the writing up process and the defence of research output either in seminars, conferences or for PhD defence. It also prepares researchers and academicians for discussion and interaction with peers at conferences and seminars.