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Author: Jeffrey Lipshaw Publisher: Routledge ISBN: 1315410796 Category : Law Languages : en Pages : 300
Book Description
The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.
Author: Jeffrey Lipshaw Publisher: Routledge ISBN: 1315410796 Category : Law Languages : en Pages : 300
Book Description
The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.
Author: Jeffrey M. Lipshaw Publisher: Routledge ISBN: 9781315410814 Category : Law Languages : en Pages : 170
Book Description
The concept of learning to 'think like a lawyer' is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of 'thinking like a lawyer' or 'pure lawyering' aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering's potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on 'thinking like a lawyer' beyond the litigation arena.
Author: Jeffrey Lipshaw Publisher: Taylor & Francis ISBN: 131541080X Category : Law Languages : en Pages : 189
Book Description
The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.
Author: Scott Brewer Publisher: Routledge ISBN: 1135642745 Category : Philosophy Languages : en Pages : 416
Book Description
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.
Author: Larry Alexander Publisher: Cambridge University Press ISBN: 113947247X Category : Philosophy Languages : en Pages : 254
Book Description
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: Kenneth J. Vandevelde Publisher: Hachette UK ISBN: 0813345251 Category : Political Science Languages : en Pages : 354
Book Description
When Kenneth J. Vandevelde's Thinking Like a Lawyer first published, it became an instant classic, considered by many to be the gold standard introduction to legal reasoning. In this long-awaited second edition, intended for fans of the original and a new generation of lawyers, Vandevelde expands his classic work with useful revisions and updates throughout. Law students, law professors, and lawyers frequently refer to the process of “thinking like a lawyer,” but attempts to analyze in any systematic way what is meant by that phrase are rare. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, plagued by difficult, virtually incomprehensible language, Vandevelde's work is accessible and clearly written. The second edition features new sections on the legislative process—describing step-by-step how legislation is enacted—and the judicial process—describing step-by-step how a case is litigated in court. Other new sections address the significance of dissenting and concurring opinions as well as the role of cognitive bias in factual determinations and on persuading a jury, on burdens of proof, and on presumptions. A new chapter provides contemporary perspectives on legal reasoning, which includes new material on feminist legal theory, critical race theory, and the economics of law. A new appendix is intended for prospective law students, explaining how readers can use the techniques in the book to help them excel in law school. Vandevelde's Thinking Like a Lawyer will help students, lawyers, and lay readers alike gain important insight into a well-developed and valuable way of thinking. Professors and students will find the book useful in almost any introductory law course at the graduate level and in advanced undergraduate courses on law.
Author: Whitley R. P. Kaufman Publisher: Springer Nature ISBN: 303143868X Category : Law Languages : en Pages : 167
Book Description
Legal Positivism has been the dominant school of legal philosophy for much of the last century, despite its many critics. Its central tenet has long been that there is no necessary connection between law and morality. This book provides a broad but clear and jargon-free account of the central objections to the theory and why those objections are sufficient to show that legal positivism is no longer tenable. This includes a broad critique of the purported distinction method of legal positivism, the idea of ‘conceptual analysis,’ as well as a detailed assessment of the most influential of all legal positivist theories, that of H.L.A. Hart. The book also provides a defense of the natural law school, which holds in contrast to legal positivism that the authority of law arises from its intrinsic connection to morality. The author demonstrates that most of the criticism of the natural law school arises from a caricatured account of that doctrine, for instance the idea that it requires substantive theological commitments or particular conceptions of human nature. In contrast, the author presents an account of natural law theory that is grounded in a commitment to moral truth, but not to any theological beliefs. The nature of law can only be understood in terms of its moral function, to provide a clear set of moral rules that are required for a society to function effectively.
Author: Massimo La Torre Publisher: Springer Science & Business Media ISBN: 1402055951 Category : Law Languages : en Pages : 198
Book Description
This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.
Author: Duncan Kennedy Publisher: ISBN: Category : Law Languages : en Pages : 226
Book Description
La 4e de couverture indique : "Legal reasoning : collected essays includes four essays written over a twenty-year span that present a comprehensive and original account of legal reasoning as done by judges, lawyers, and legal academics. In a work that is likely to become the definitive introduction to critical legal theory by a leading theorist of the critical legal studies movement, the author has been the first to put together in a systematic way the insights of American legal realism with continental phenomenology and semiotics. His version of legal reasoning presents it as "work in a medium" deploying a set of "argument-bites" analogous to the words of a language. The result is simultaneous freedom and constraint. Kennedy then turns his approach to a critique of current European legal theory, with an essay on Hart and Kelsen and another on the approach of the European jurists pre-occupied with "coherence" and with the "European social model" in the current process of harmonization of European law."
Author: Jeffrey Lipshaw
Author: Jeffrey Lipshaw
Author: Jeffrey M. Lipshaw
Author: Jeffrey Lipshaw
Author: Scott Brewer
Author: Larry Alexander
Author: Kenneth J. Vandevelde
Author: James Albert Pike
Author: Whitley R. P. Kaufman
Author: Massimo La Torre
Author: Duncan Kennedy