Legal Reasoning And Legal Theory
Download Legal Reasoning And Legal Theory full books in PDF, epub, and Kindle. Read online free Legal Reasoning And Legal Theory ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Neil MacCormick |
| Publisher | : Clarendon Press |
| Total Pages | : 322 |
| Release | : 1994-08-11 |
| Genre | : Law |
| ISBN | : 0191018597 |
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.
| 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.
| Author | : Fernando Atria |
| Publisher | : Hart Publishing |
| Total Pages | : 264 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : |
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.
| Author | : Jerzy Stelmach |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 237 |
| Release | : 2006-09-03 |
| Genre | : Law |
| ISBN | : 1402049390 |
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.
| Author | : Aulis Aarnio |
| Publisher | : New York University Press |
| Total Pages | : 534 |
| Release | : 1992-02 |
| Genre | : Law |
| ISBN | : |
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.
| Author | : Keith J. Holyoak |
| Publisher | : Cambridge University Press |
| Total Pages | : 880 |
| Release | : 2005-04-18 |
| Genre | : Psychology |
| ISBN | : 9780521824170 |
The Cambridge Handbook of Thinking and Reasoning is the first comprehensive and authoritative handbook covering all the core topics of the field of thinking and reasoning. Written by the foremost experts from cognitive psychology, cognitive science, and cognitive neuroscience, individual chapters summarize basic concepts and findings for a major topic, sketch its history, and give a sense of the directions in which research is currently heading. The volume also includes work related to developmental, social and clinical psychology, philosophy, economics, artificial intelligence, linguistics, education, law, and medicine. Scholars and students in all these fields and others will find this to be a valuable collection.
| Author | : MartinP. Golding |
| Publisher | : Routledge |
| Total Pages | : 425 |
| Release | : 2017-07-05 |
| Genre | : History |
| ISBN | : 1351560530 |
This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.
| 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).
| Author | : Geoffrey Samuel |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 374 |
| Release | : 2018-08-31 |
| Genre | : Law |
| ISBN | : 1784712612 |
‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?
| Author | : Neil MacCormick |
| Publisher | : OUP Oxford |
| Total Pages | : 304 |
| Release | : 2005-07-28 |
| Genre | : Law |
| ISBN | : 0191018783 |
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'.
