Analogy with Purpose in Legal Reasoning from Precedents
| Author | : Rutgers University. Department of Computer Science |
| Publisher | : |
| Total Pages | : 56 |
| Release | : 1984 |
| Genre | : Analogy |
| ISBN | : |
Analogy With Purpose In Legal Reasoning From Precedents
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Logic, Probability, and Presumptions in Legal Reasoning
| Author | : Scott Brewer |
| Publisher | : Routledge |
| Total Pages | : 416 |
| Release | : 2013-06-17 |
| Genre | : Philosophy |
| ISBN | : 1135642745 |
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.
Methods of Argumentation
| Author | : Douglas Walton |
| Publisher | : Cambridge University Press |
| Total Pages | : 321 |
| Release | : 2013-08-26 |
| Genre | : Computers |
| ISBN | : 1107039304 |
This book, written by a leading expert, and based on the latest research, shows how to apply methods of argumentation to a range of examples.
A Primer on Legal Reasoning
| Author | : Michael Evan Gold |
| Publisher | : ILR Press |
| Total Pages | : 361 |
| Release | : 2018-11-15 |
| Genre | : Law |
| ISBN | : 1501728601 |
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.
Legal Reasoning
| Author | : Melvin A. Eisenberg |
| Publisher | : Cambridge University Press |
| Total Pages | : 194 |
| Release | : 2022-09-29 |
| Genre | : Law |
| ISBN | : 1009192760 |
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
Handbook of Legal Reasoning and Argumentation
| Author | : Giorgio Bongiovanni |
| Publisher | : Springer |
| Total Pages | : 773 |
| Release | : 2018-07-02 |
| Genre | : Philosophy |
| ISBN | : 9048194520 |
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.
Legal Reasoning
| Author | : Martin P. Golding |
| Publisher | : Broadview Press |
| Total Pages | : 180 |
| Release | : 2001-03-02 |
| Genre | : Law |
| ISBN | : 9781551114224 |
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).
Demystifying Legal Reasoning
| Author | : Larry Alexander |
| Publisher | : Cambridge University Press |
| Total Pages | : 254 |
| Release | : 2008-06-16 |
| Genre | : Philosophy |
| ISBN | : 113947247X |
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.
A Primer on Legal Reasoning
| Author | : Michael Evan Gold |
| Publisher | : Cornell University Press |
| Total Pages | : 302 |
| Release | : 2018-11-15 |
| Genre | : Law |
| ISBN | : 150172861X |
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.
Analogical Reasoning
| Author | : D H Helman |
| Publisher | : Springer |
| Total Pages | : 440 |
| Release | : 2014-01-15 |
| Genre | : |
| ISBN | : 9789401578127 |
