Download or read book The Cambridge Handbook of Thinking and Reasoning written by Keith J. Holyoak and published by Cambridge University Press. This book was released on 2005-04-18 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Reasoning written by Martin P. Golding and published by Broadview Press. This book was released on 2001-03-02 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).
Download or read book Legal Reasoning Case Files written by Kris Franklin and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides real-world case files designed to reinforce foundational legal reasoning skills. Students work through practical problems, each of which is set in the context of a different basic law school subject. Commentary throughout the text guides students toward more sophisticated comprehension of the factual and legal materials, and more nuanced legal analysis, all while introducing common forms of practice-based writing. Each chapter then takes the rules introduced in the case file and illustrates ways they might be applied to an essay examination question and multiple-choice question. Additional practice questions and suggestions for classroom exercises are included in the extensive accompanying teacher's manual.
Download or read book How to Brief a Case written by John Delaney and published by John Delaney Publications. This book was released on 1987 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Thinking Like a Lawyer written by Kenneth J. Vandevelde and published by Routledge. This book was released on 2018-04-19 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Tactics of Legal Reasoning written by Pierre Schlag and published by . This book was released on 1986 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Primer on Legal Reasoning written by Michael Evan Gold and published by Cornell University Press. This book was released on 2018-11-15 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: After years of teaching law courses to undergraduate, graduate, and law students, Michael Evan Gold has come to believe that the traditional way of teaching – analysis, explanation, and example – is superior to the Socratic Method for students at the outset of their studies. In courses taught Socratically, even the most gifted students can struggle, and many others are lost in a fog for months. Gold offers a meta approach to teaching legal reasoning, bringing the process of argumentation to the fore. Using examples both from the law and from daily life, Gold's book will help undergraduates and first-year law students to understand legal discourse. The book analyzes and illustrates the principles of legal reasoning, such as logical deduction, analogies and distinctions, and application of law to fact, and even solves the mystery of how to spot an issue. In Gold's experience, students who understand the principles of analytical thinking are able to understand arguments, to evaluate and reply to them, and ultimately to construct sound arguments of their own.
Download or read book Demystifying Legal Reasoning written by Larry Alexander and published by Cambridge University Press. This book was released on 2008-06-16 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Reasoning and Political Conflict written by Cass R. Sunstein and published by Oxford University Press. This book was released on 1998-02-26 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Thinking Like a Lawyer written by Frederick Schauer and published by Harvard University Press. This book was released on 2012-04-02 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Handbook of Legal Reasoning and Argumentation written by Giorgio Bongiovanni and published by Springer. This book was released on 2018-07-02 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book An Introduction to Law and Legal Reasoning written by Steven J. Burton and published by Aspen Publishing. This book was released on 2007-01-10 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Legal Reasoning Writing and Other Lawyering Skills written by Robin Wellford Slocum and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of: Legal reasoning, writing, and persuasive argument. c2006.
Download or read book Beyond Legal Reasoning a Critique of Pure Lawyering written by Jeffrey Lipshaw and published by Routledge. This book was released on 2017-03-27 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.
Download or read book Rethinking Legal Reasoning written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?
Download or read book U S Legal Reasoning Writing and Practice for International Lawyers written by John Brendan Thornton and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Reasoning Research and Writing for International Graduate Students written by Nadia E. Nedzel and published by Aspen Publishing. This book was released on 2021-01-31 with total page 1344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Reasoning, Research, and Writing for International Graduate Students, Fifth Edition, helps international students understand and approach legal reasoning and writing the way law students and attorneys do in the United States. With concise and clear text, Professor Nedzel introduces the unique and important features of the American legal system and American law schools. Using clear instruction, examples, visual aids, and practice exercises, she teaches practical lawyering skills with sensitivity to the challenges of ESL students. New to the Fifth Edition: Streamlined presentation makes the material even more accessible. Chapters are short, direct, and to the point. Five chapters on reasoning and writing, including exam skills, office memos, and rewriting. Full chapters on contract drafting and scholarly writing. New flowcharts provide a concise, visual overview for each chapter. Citation coverage updated to new 21st edition of The Bluebook. Simplified examples and exercises. Three thoroughly revised chapters on legal research, including non-fee legal research and technological changes in the practice of U.S. law. Professors and student will benefit from: Comparative perspective informs readers about the unique features of American law as compared to civil law, Islamic law, and Asian traditions. Explanations of practical skills assume no former knowledge of the American legal system. U.S. law school necessary skills explained immediately: case briefing, creating a course outline, time management, reading citations, and writing answers to hypothetical exam questions. Short, lucid chapters that reiterate major points to aid comprehension. Clear introductions to writing hypothetical-based exams, legal memoranda, contract drafting and scholarly writing. An integrated approach to proper citation format, with explanation and instruction provided in context. Discussion of plagiarism and U.S. law school honor codes. Practical skill-building exercises in each chapter. Research exercises are primarily Internet-based Charts and summaries that are useful learning aids and reference tools
