Download or read book The Art of Judicial Reasoning written by Gunnar Selvik and published by Springer. This book was released on 2019-02-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today’s multi-layered world. The collection of essays is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s)
Download or read book Making Your Case written by Antonin Scalia and published by West Publishing Company. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.
Download or read book Logic for Lawyers written by Ruggero J. Aldisert and published by . This book was released on 1989 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.
Download or read book Fundamental Legal Conceptions as Applied in Judicial Reasoning written by Wesley Newcomb Hohfeld and published by . This book was released on 1923 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Reasoning and Legal Writing written by Richard K. Neumann and published by Aspen Publishers. This book was released on 1998 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revision of Neumann's very successful basic legal writing text, this edition continues to give a strong foundation in legal analysis and to writing while refining and further improving the text based on user's responses. The text focuses on constructing a proof of a conclusion of law and teaches format, style, and grammar alongside the reasoning skills. (Chapter 9, How to Organize Proof of a Conclusion of Law, Is widely regarded as the best explanation of this topic in any legal writing text). The goal is to help students learn how to make writing decisions based on the need to prove analysis. Of special interest are chapters on client interviewing and client letters, sample client letters, An updated citation/quotation chapter to reflect changes in the 16th Edition of the Blue Book, sections that show students how to convert their raw materials into an organized first draft, and explanations on the process of writing - in detail and in many contexts. Combining clear, readable text with effective sample documents and exercises, Neumann has succeeded in creating a sophisticated, yet accessible, text carefully crafted for beginning legal writers. Table of Contents Preface Acknowledgments PART I: INTRODUCTION TO LAW AND ITS STUDY 1: An Introduction to American Law 1.1 the Origin of Common Law 1.2 How American Courts Are Organized 1.3 an Overview of the Litigation Process 1.4 the Importance of Understanding Procedure 1.5 the Adversary System 2: Rule-Based Reasoning 2.1 the Inner Structure of a Rule 2.2 Organizing the Application of a Rule 2.3 Some Things to Be Careful About with Rules 2.4 Causes of Action and Affirmative Defenses 2.5 Where Rules Come From (Sources of Law) 3: An Introduction to Judicial Opinions 3.1 the Anatomy of an Opinion 3.2 the Interdependence Among Facts, Issues, and Rules 4: Briefing Cases 4.1 Introduction 4.2 How to Brief a Case PART II: INTRODUCTION TO LEGAL WRITING 5: The Art of Legal Writing 5.1 the Language as a Professional Tool 5.2 Your Writing and Your Career 5.3 Predictive Writing and Persuasive Writing 5.4 the Art Forms of Legal Writing 6: The Process of Writing 6.1 Writing in Four Stages 6.2 Analyzing 6.3 Organizing 6.4 the First Draft 6.5 Rewriting 6.6 Some General Advice about Writing PART III: OFFICE MEMORANDA 7: Office Memoranda 7.1 Office Memorandum Format 7.2 Writing an Office Memorandum 8: Initially Obtaining the Facts: Client Interviewing 8.1 Introduction 8.2 Lawyers and Clients 8.3 How to Interview 9:Predictive Writing 9.1 How to Predict 9.2 How to Test Your Writing for Predictiveness 10: How to Organize Proof of a Conclusion of Law 10.1 A Paradigm for Structuring Proof 10.2 Why Readers Prefer This Type of Organization 10.3 How to Vary the Paradigm to Suit Your Needs 10.4 How to Start Working with the Paradigm 10.5 How to Test Your Writing for Effective Organization 11: Selecting Authority 11.1 Introduction 11.2 the Hierarchy of Authority 11.3 How Courts Use Dicta 11.4 How Courts React to Foreign Precedent 11.5 How to Use Foreign Precedent and Other Nonmandatory Authority to Fill a Gap in Local Law 11.6 How to Select Nonmandatory Precedent 11.7 How to Work Effectively in the Library 12: Working with Precedent 12.1 Eight Skills for Working with Precedent 12.2 Formulating a Variety of Rules from the Same Precedent 12.3 Analogizing and Distinguishing 12.4 Eliciting Policy from Precedent 12.5 Synthesis and Reconciliation 12.6 Testing for Realism and Marketability 12.7 Pulling it All Together 13: Working with Statutes 13.1 Ten Tools of Statutory Interpretation 13.2 How to Pull Together Statutory Analysis (Before
Download or read book Human Dignity Judicial Reasoning and the Law written by Brett G. Scharffs and published by Taylor & Francis. This book was released on 2024-05-28 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within national and international courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases: from the right to life or to integrity or anti-discrimination, the concept has surfaced in disputes about political and social rights and rule of law requirements, such as equality or legal certainty. The core message of the book is that judges understand, interpret, and apply human dignity differently. An inflation in the judicial recourse to human dignity can saturate the legal environment, depriving the concepts as well as human-rights-based narratives of salience, and threaten the predictability of court decisions. The book will appeal to philosophers of law, constitutional theorists and lawyers, legal comparativists, and internal law specialists. Whilst being dedicated specifically to human dignity jurisprudence, the book touches on many aspects of judiciary and as such will also be of interest to researchers studying legal reasoning, interpretation and application of the law and courts, as well as social philosophers, political scientists, and sociologists of law, politics, and religion.
Download or read book Performing Judicial Authority in the Lower Courts written by Sharyn Roach Anleu and published by Springer. This book was released on 2017-05-10 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court.
Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Download or read book Judicial Writing Manual written by and published by . This book was released on 1991 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Good Judgment written by Robert J. Sharpe and published by University of Toronto Press. This book was released on 2018-10-11 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Download or read book Fundamental Legal Conceptions as Applied in Judicial Reasoning written by Wesley Newcomb Hohfeld and published by . This book was released on 1964 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Law and Emotion written by Susan A. Bandes and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Download or read book Fundamental Legal Conceptions as Applied in Judicial Reasoning written by Wesley Newcomb Hohfeld and published by . This book was released on 1966 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Common Law Judging written by Douglas E. Edlin and published by University of Michigan Press. This book was released on 2020-03-06 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
Download or read book Fundamental Legal Conceptions as Applied in Judicial Reasoning written by Wesley Newcomb Hohfeld and published by . This book was released on 1919 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Emblems and the Art of Law written by Peter Goodrich and published by Cambridge University Press. This book was released on 2014 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.
Download or read book Approaches to Legal Rationality written by Dov M. Gabbay and published by Springer Science & Business Media. This book was released on 2010-10-04 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.
