Legal System and Lawyers' Reasonings PDF Download

Author: Julius Stone
Publisher:
ISBN: 9788175341364
Category : Jurisprudence
Languages : en
Pages : 0

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Author: Julius Stone
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 454

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Author: John Brendan Thornton
Publisher:
ISBN: 9780327179801
Category : Law
Languages : en
Pages :

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Author: Julius Stone
Publisher:
ISBN:
Category : Jurisprudence
Languages : id
Pages : 45

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Author: Frederick F. Schauer
Publisher: Harvard University Press
ISBN: 0674032705
Category : Law
Languages : en
Pages : 256

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Book Description
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.

Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674062485
Category : Law
Languages : en
Pages : 256

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Book Description
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.

Author: Neil MacCormick
Publisher: Clarendon Press
ISBN: 0191018597
Category : Law
Languages : en
Pages : 322

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Book Description
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: Kevin J. Fandl
Publisher: Routledge
ISBN: 1317269810
Category : Law
Languages : en
Pages : 105

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Book Description
Inside the American Legal Mind:An International Practitioner Guide to American Legal Reasoning clearly explains how to navigate within U.S. legal practice. A combination of common law legal history with the straight-shooting American style has resulted in an approach to issue analysis that is structurally different from other fields and from the civil law systems common in other countries. Precedent drives the interpretive process, providing the pillars upon which an American lawyer builds a case. Understanding how to capture relevant aspects of precedent, merge those aspects with precedent from seemingly distinct cases, and apply the resulting formula to a given fact pattern can be a harrowing experience for anyone untrained in American legal thinking. This book bridges that gap for aspiring lawyers in America as well as for foreign legal practitioners. Fandl clearly and concisely demonstrates how to research, analyze, and ultimately condense legal ideas into written form in the American legal style. Suitable for undergraduates in U.S. Criminal Justice programs and for LL.M. courses, as well as for continuing education for professionals.

Author: William Powers
Publisher: University of Texas Press
ISBN: 147732643X
Category : Law
Languages : en
Pages : 239

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Book Description
The way lawyers think about the law can seem deeply mysterious. They see nuance and meaning in statutes and implications in judicial opinions that are opaque to the rest of us. Accessible and thought provoking, Sharpening the Legal Mind explains how lawyers analyze the cases and controversies that come before the courts. Written by William Powers Jr., the former president of the University of Texas at Austin, this book is an authoritative introduction to the academic study of law and legal reasoning, including insights into the philosophy of law and the intellectual history of legal thought. Powers discusses the methods lawyers use to interpret the law, the relation between law and morals, and the role of courts in shaping the law. In eight chapters, he follows the historical debate on these issues and others through different generations and movements in American legal thought—formalism, realism, positivism—to critical legal studies and postmodern theory. The perfect read for anyone looking for a primer on legal reasoning, Sharpening the Legal Mind demystifies the debates and approaches to thinking like a lawyer that profoundly influence the rule of law in our lives.

Author: Neil MacCormick
Publisher: OUP Oxford
ISBN: 0191018783
Category : Law
Languages : en
Pages : 304

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Book Description
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'.