Download or read book A Primer on Legal Reasoning written by Michael Evan Gold and published by ILR Press. This book was released on 2018-11-15 with total page 361 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 Problem Solving and Syllogistic Analysis written by Kenneth Yin and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Informatics and the Foundations of Legal Reasoning written by Z. Bankowski and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Informatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries. Fourteen papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an International Working Group supported by the European Commission. The Group was mandated to work towards determining how far the law is amenable to formal modeling, and in what ways computers might assist legal thinking and practice. The book is the result of discussions held by the Group over two and half years. It will help students and researchers from different backgrounds to focus on a common set of topics of increasing general interest. It embodies the results of work in progress and suggests many issues for further discussion. A stimulating text for undergraduate and graduate courses in law, philosophy and computer science departments, as well as for those interested in the place of computers in legal practice, especially at the international level.

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

Download or read book Dimensions of Legal Reasoning written by Timothy P. Terrell and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The audience for The Dimensions of Legal Reasoning is quite broad -- from legal beginners to seasoned practitioners. Although it begins with attention to some of the basics of legal thinking, it progresses quickly to fundamental issues of legal theory and current legal conflict. The book's goal is to delve deep into the thought process of lawyers and judges confronted with difficult controversies requiring sophisticated analysis. The book creates an ambitious four-part model of the most critical elements within legal reasoning -- nuances of language, varying circumstances, disputed values, and the roles of political institutions -- to demonstrate the inevitability, but structured predictability, of legal disagreement. To initiate its analysis of difficult decision making, the book uses a famous, and controversial, call by a baseball umpire, and then contrasts it with Justice John Roberts' famous comment that judges should simply "call the balls and strikes." The tension between these incidents is then referenced throughout the text to develop the special, and quite challenging, character of legal reasoning. The book argues that legal reasoning is unique in its simultaneous concern with several unstable analytic elements: language (our concern with the nature of texts), circumstances (both factual situations and legal categories), values (both individual rights and social outcomes), and political structure (the relationship between courts and legislatures). By using this approach, The Dimensions of Legal Reasoning seeks to improve the analytical perspectives at both ends of the professional spectrum. Law students will be able to appreciate earlier than they usually do the mental agility, rather than memorization prowess, that law practice will require of them. Experienced lawyers will gain a more explicit understanding of the professional acumen they bring to bear when they analyze issues and construct arguments, allowing them to deploy those skills more effectively and explain them clearly as they train their younger colleagues.

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 773 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 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 Legal Reasoning and Legal Writing written by Richard K. Neumann and published by Aspen Publishers. This book was released on 1994 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book On Law and Legal Reasoning written by Fernando Atria and published by Hart Publishing. This book was released on 2001 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning.

Download or read book Think Like a Lawyer written by E Scott Fruehwald and published by . This book was released on 2020-07-23 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book's purpose is to better prepare law students and lawyers for the practice of law by providing them with a firm foundation in legal reasoning, showing them how to apply legal reasoning skills to facts, and teaching them legal problem solving. I will do this by focusing explicitly on the different types of legal reasoning and the types of miniskills needed to develop the different types of legal reasoning.The chapters in this book will present the different types of legal reasoning, the miniskills that are related to the different types of legal reasoning, and how to use these miniskills in combination. Chapter One discusses the five types of legal reasoning. Chapter Two will teach you how to be a critical and engaged reader and analyze cases, skills that are needed before you can learn the other miniskills in detail. Chapter Three concerns reasoning by analogy, which involves showing how your case is like a precedent case. Chapter Four examines rule-based reasoning, and how to apply rules to facts. Chapter Five involves synthesizing cases into rules, which is an important skill in establishing the law. Chapter Six investigates statutory interpretation. Chapter Seven brings the prior chapters together, by demonstrating how the different types of legal reasoning relate to the small-scale paradigm (how to organize a simple analysis). Chapter Eight fills in this paradigm by examining how to respond to opposing arguments and distinguish cases. Finally, Chapter Nine serves as a capstone to this book with its presentation of advanced problem solving and creative thinking. The appendices cover how the American legal system developed and canons of statutory construction.One of the purposes of this book is to allow law students to learn legal skills independently. I want students to be able to get immediate feedback on their learning. Consequently, I have put answers to the exercises at the end of each chapter.

Download or read book Legal Analysis written by David S. Romantz and published by Carolina Academic Press LLC. This book was released on 2020 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book teaches students the critical skills of legal reasoning. This popular book is a practical and clear guide that explains the many ways lawyers analyze the law. The authors demystify legal analysis by examining the foundations and methodology of legal problem solving and by discussing the different levels of critical thinking necessary to develop effective legal arguments. The book emphasizes the importance of applying the law as opposed to relying excessively on formulaic methods of analysis. New to the second edition, the book examines rule-based reasoning and the implicit rule; deductive analysis and resolving statutory ambiguity; case-law reasoning and inductive analysis; the role of policy in legal argument; and the structure and variations of legal argument and CREAC. New examples and exercises are also included"--

Download or read book Legal Argumentation and Evidence written by Douglas Walton and published by Penn State Press. This book was released on 2010-11-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.

Download or read book Legal Meanings written by Janet Giltrow and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-09-07 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Janet Giltrow and Dieter Stein, the Foundations in Language and Law series aims beyond the traditional surveys of scholarship in law and language. Monographs in the series will provide foundational materials - theoretical, methodological, critical, practical - to advance study of important topics in the field. And even as each volume engages conceptually with current scholarship in the area, it presents original research which breaks new ground and indicates future directions for scholarship in law and language. To discuss your book idea or submit a proposal, please contact Natalie Fecher.

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 Rules Norms and Decisions written by Friedrich V. Kratochwil and published by Cambridge University Press. This book was released on 1991-04-26 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).

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.