Download or read book Legal System and Lawyers Reasonings written by Julius Stone and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal System and Lawyers Reasonings written by Julius Stone and published by . This book was released on 1964 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Thinking Like a Lawyer written by Frederick F. Schauer and published by Harvard University Press. This book was released on 2009-04-27 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. 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.

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 systems and lawyers reasonings written by Julius Stone and published by . This book was released on 1964 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Legal Reasoning and Legal Theory written by Neil MacCormick and published by Clarendon Press. This book was released on 1994-08-11 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 Kenneth J. Vandevelde and published by Hachette UK. This book was released on 2010-12-28 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Kenneth J. Vandevelde's Thinking Like a Lawyer first published, it became an instant classic, considered by many to be the gold standard introduction to legal reasoning. In this long-awaited second edition, intended for fans of the original and a new generation of lawyers, Vandevelde expands his classic work with useful revisions and updates throughout. 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. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, plagued by difficult, virtually incomprehensible language, Vandevelde's work is accessible and clearly written. The second edition features new sections on the legislative process—describing step-by-step how legislation is enacted—and the judicial process—describing step-by-step how a case is litigated in court. Other new sections address the significance of dissenting and concurring opinions as well as the role of cognitive bias in factual determinations and on persuading a jury, on burdens of proof, and on presumptions. A new chapter provides contemporary perspectives on legal reasoning, which includes new material on feminist legal theory, critical race theory, and the economics of law. A new appendix is intended for prospective law students, explaining how readers can use the techniques in the book to help them excel in law school. Vandevelde's Thinking Like a Lawyer will help students, lawyers, and lay readers alike gain important insight into a well-developed and valuable way of thinking. Professors and students will find the book useful in almost any introductory law course at the graduate level and in advanced undergraduate courses on law.

Download or read book Inside the American Legal Mind written by Kevin J. Fandl and published by Routledge. This book was released on 2015-10-05 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inside the American Legal Mind:An International Practitioner Guide to American Legal Reasoning clearly explains how to navigate within U.S. legal practice. A combination of common law legal history with the straight-shooting American style has resulted in an approach to issue analysis that is structurally different from other fields and from the civil law systems common in other countries. Precedent drives the interpretive process, providing the pillars upon which an American lawyer builds a case. Understanding how to capture relevant aspects of precedent, merge those aspects with precedent from seemingly distinct cases, and apply the resulting formula to a given fact pattern can be a harrowing experience for anyone untrained in American legal thinking. This book bridges that gap for aspiring lawyers in America as well as for foreign legal practitioners. Fandl clearly and concisely demonstrates how to research, analyze, and ultimately condense legal ideas into written form in the American legal style. Suitable for undergraduates in U.S. Criminal Justice programs and for LL.M. courses, as well as for continuing education for professionals.

Download or read book Legal Reasoning Vol 2 written by Aulis Aarnio and published by New York University Press. This book was released on 1992-02 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

Download or read book Sharpening the Legal Mind written by William Powers and published by University of Texas Press. This book was released on 2023-02-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way lawyers think about the law can seem deeply mysterious. They see nuance and meaning in statutes and implications in judicial opinions that are opaque to the rest of us. Accessible and thought provoking, Sharpening the Legal Mind explains how lawyers analyze the cases and controversies that come before the courts. Written by William Powers Jr., the former president of the University of Texas at Austin, this book is an authoritative introduction to the academic study of law and legal reasoning, including insights into the philosophy of law and the intellectual history of legal thought. Powers discusses the methods lawyers use to interpret the law, the relation between law and morals, and the role of courts in shaping the law. In eight chapters, he follows the historical debate on these issues and others through different generations and movements in American legal thought—formalism, realism, positivism—to critical legal studies and postmodern theory. The perfect read for anyone looking for a primer on legal reasoning, Sharpening the Legal Mind demystifies the debates and approaches to thinking like a lawyer that profoundly influence the rule of law in our lives.

Download or read book On Law and Reason written by Aleksander Peczenik and published by Springer Science & Business Media. This book was released on 2014-01-12 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Download or read book A Cosmopolitan Jurisprudence written by Helge Dedek and published by Cambridge University Press. This book was released on 2021-12-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.

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 Rhetoric and The Rule of Law written by Neil MacCormick and published by OUP Oxford. This book was released on 2005-07-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.

Download or read book An Introduction to Law and Legal Reasoning written by Steven J. Burton and published by Aspen Publishers. This book was released on 2007 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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