Download or read book Multi criteria Analysis in Legal Reasoning written by Bengt Lindell and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.
Download or read book Advanced Introduction to Legal Reasoning written by Larry Alexander and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.
Download or read book Methods of Legal Reasoning written by Jerzy Stelmach and published by Springer Science & Business Media. This book was released on 2006-09-03 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Reasoning and Objective Writing written by Daniel L. Barnett and published by Aspen Publishing. This book was released on 2016-02-29 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Reasoning and Objective Writing: A Comprehensive Approach is a textbook for the objective writing segment of a first-year legal writing class, written by two professors who have collaborated for many years, and who between them have over 50 years of experience teaching legal analysis and writing. The book, which is written in a conversational manner to engage students and put them at ease so that they grasp difficult concepts easily, uses a variety of short examples throughout the chapters as well as sample documents in the appendices with comprehensive annotations keyed to relevant portions of the book. Each chapter and accompanying optional closed-memo problem provide students with a sophisticated yet concrete step-by-step method to learn the analytical, organizational, and presentational skills necessary to convey legal analysis effectively. The accompanying optional introductory problem and related assignment materials use a flipped-class approach to guide students through the memo project independently, allowing teachers to adapt the problem to fit a variety of teaching sequences.
Download or read book Assessing Progress Towards Sustainability written by Carmen Teodosiu and published by Elsevier. This book was released on 2022-04-14 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessing Progress toward Sustainability: Frameworks, Tools, and Case Studies provides practical frameworks for measuring progress toward sustainability in various areas of production, consumption, services and urban development as they relate to environmental impact. A variety of policies/strategies or frameworks are available at national and international levels. This book presents an integrated approach to sustainability progress measurement by considering both the frameworks and methodological developments of various tools, as well as their implementation in assessing the sustainability of processes, products and services through a global perspective. Combining methods and their application, the book covers a variety of topics, including lifecycle assessment, risk assessment, nexus thinking, and connection to SDGs. Organized clearly into three main sections --Frameworks, Tools, and Case Studies--this book can serve as a practical resource for researchers and practitioners alike in environmental science, sustainability, environmental management and environmental engineering. Offers an integrated approach to sustainability assessment using the most up-to-date frameworks and tools Includes extensive, diverse case studies to illustrate the methods and process for using the frameworks and tools outlined Provides practical insights related to challenges and opportunities to reduce environmental impacts and increase resources and energy efficiency
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 An Introduction to Law and Legal Reasoning written by Steven J. Burton and published by Wolters Kluwer Law & Business. This book was released on 2007-01-10 with total page 212 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.
Download or read book Confirmation Bias in Criminal Cases written by Moa Lidén and published by Oxford University Press. This book was released on 2023-04-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In criminal cases, practitioners such as police officers, crime scene investigators, pathologists, prosecutors, and judges are expected to make decisions that are objective and impartial. However, research since the 1960's into so-called confirmation bias provides persuasive scientific evidence that humans are unable to do so. As flawed investigations and proceedings come to light, the importance of undertaking proper bias mitigation measures is clear. Confirmation Bias in Criminal Cases takes a multi-disciplinary approach to a complex, real-world issue. It lays out the chronology of criminal investigations and proceedings, and assesses how bias plays a role in each stage. It also offers research-based strategies to combat bias, such as independent review, contextual information management, linear sequential unmasking, and structured evaluations of the evidence. This book is vital reading for anyone involved in the criminal justice system. It not only gives a holistic view of the human element of confirmation bias but it also offers strategies for how to address it.
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 Learning Legal Reasoning written by John Delaney and published by John Delaney Publications. This book was released on 1987 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher description: This widely used book in many printings begins with answers to forty commonly asked questions of first-year law students. It specifies a six-step approach to briefing a case with specific guidelines for accomplishing each step. The process of briefing cases is then demonstrated with excellent and poor briefs of increasing complexity. Emphasis is placed initially on the techniques of briefing as an introduction to the learning of legal reasoning, the first priority of the first year of law school. In addition, the book also demonstrates the relevance of more advanced modes of legal reasoning, including positivist, pragmatic, policy oriented, natural-law and other perspectives applied in decoding and understanding cases. In its introduction of jurisprudential perspectives, Learning Legal Reasoning transcends the typical technical/positivist orientation of most first-year materials.
Download or read book The Use of Force and the International Legal System written by Terry D. Gill and published by Cambridge University Press. This book was released on 2023-11-30 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides accessible, in-depth coverage and analysis of how international law regulates the use of force through an intra-disciplinary perspective. Using a modernized legal positivist approach, it offers a unique focus on the relationship and functions of jus ad bellum within the wider legal landscape.
Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.
Download or read book Legal Reasoning written by Jovan Brkić and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 1985 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Reasoning: Semantic and Logical Analysis brings together for the sophisticated and serious reader the analytic tools of several disciplines needed for a systematic and exhaustive treatment of legal reasoning. Specifically, these are the analytic tools for conceptual analysis, linguistic and logical structures. For example, the reader of Legal Reasoning will be able to learn which modern tools for the analysis of concepts like insanity, justice, property, crime, etc., are available and how far they can accomplish their task. Or, what computerization and mathe- matical modeling are all about and what they conceivably can do for the legal process. And, in general, how reliable legal, that is, intuitive reasoning is in practice and what formal logic can do for it.
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 Precedents Statutes and Analysis of Legal Concepts written by Scott Brewer and published by Routledge. This book was released on 2013-06-17 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
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 How to Measure the Quality of Judicial Reasoning written by Mátyás Bencze and published by Springer. This book was released on 2018-08-30 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.
