Legal Arguments

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The Five Types of Legal Argument

Author : Wilson Ray Huhn
Publisher :
ISBN 13 : 9781594605161
Total Pages : 0 pages
Book Rating : 4.6/5 (51 download)

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Book Synopsis The Five Types of Legal Argument by : Wilson Ray Huhn

Download or read book The Five Types of Legal Argument written by Wilson Ray Huhn and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Five Types of Legal Argument succeeds both as a work of legal theory and as a practical guide to legal reasoning for law students, lawyers, and judges. Huhn introduces each concept separately, and from many parts Huhn develops an intricate and nuanced theory of what law is. Huhn also shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition, and policy) and how to weave the different types of arguments together to make them more persuasive. The Second Edition of this book further develops both the theoretical and practical themes of the work. In this edition Huhn introduces two additional ways of attacking legal arguments, and in a new chapter he utilizes principles of deductive logic to demonstrate the validity of the theory of the five types of legal arguments. The principal strength of this book is its clarity. The book is written in plain language that is easily understood both by lay persons and professionals, and it is organized simply and logically. Reviewers and legal scholars have described the book as "fascinating" and "masterful." The Five Types of Legal Argument is required reading at a number of leading American law schools, and it is recommended for anyone who wishes to understand how to construct and how to critique legal arguments. "I found The Five Types of Legal Argument to be invaluable because it succinctly breaks down legal analysis. At first, reading judicial opinions, especially with majority and dissenting opinions, can be a dizzying experience. But when you break down the arguments you learn to spot appeals to different types of reasoning. The reward is two-fold: First, you can more easily understand judicial opinions and can criticize or appreciate them on a more sophisticated level. Second, the five types of legal arguments become a checklist of tools that you can invoke to make persuasive legal arguments of your own." Bryce Landier, former law student "The Five Types of Legal Argument contains two of the top three most valuable pages that I have read during my time in law school." Whit Pierce, law student "The Five Types of Legal Argument will help you shift the way you read from simply understanding and memorizing legal texts to critically analyzing and interpreting the text and the arguments made within the text. I wish I read this book during my 1L year." Kathleen Rose, law student "This book will help you read, it will help you write, and it will help you think clearly about the arguments that are made in legal discourse." Jonathan Williams, law student "In law school, professors always tell us not to focus on the trees, but to step back and see the forest when analyzing legal issues. This book certainly furthers that well-reasoned approach." Amanda Johnson, law student "The book serve[s] as a fine introduction to legal analysis and indicate to students the importance of identifying the categories of legal argument they encounter." Ben Wiles, law student

Legal Argument

Author : James A. Gardner
Publisher : LexisNexis/Matthew Bender
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Argument by : James A. Gardner

Download or read book Legal Argument written by James A. Gardner and published by LexisNexis/Matthew Bender. This book was released on 2007 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation--cases, statutes, testimony, documents, common sense--into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts: Part I sets out a general methodology for constructing legal arguments. Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure. Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch. Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments. Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument.

Legal Argumentation and Evidence

Author : Douglas Walton
Publisher : Penn State Press
ISBN 13 : 9780271048338
Total Pages : 400 pages
Book Rating : 4.0/5 (483 download)

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Book Synopsis Legal Argumentation and Evidence by : Douglas Walton

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.

Argument Types and Fallacies in Legal Argumentation

Author : Thomas Bustamante
Publisher : Springer
ISBN 13 : 3319161482
Total Pages : 230 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Argument Types and Fallacies in Legal Argumentation by : Thomas Bustamante

Download or read book Argument Types and Fallacies in Legal Argumentation written by Thomas Bustamante and published by Springer. This book was released on 2015-04-07 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Modeling Legal Argument

Author : Kevin D. Ashley
Publisher : MIT Press (MA)
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Modeling Legal Argument by : Kevin D. Ashley

Download or read book Modeling Legal Argument written by Kevin D. Ashley and published by MIT Press (MA). This book was released on 1990 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Modeling Legal Argument "provides a comprehensive treatment of case-based reasoning and a detailed description of a computer program called Hypo, that models the way attorneys argue with cases, real and hypothetical. The program offers significant advantages over "keyword" case retrieval systems in the legal field and demonstrates how to design expert systems that assist the user by presenting reasonable alternative answers on all sides of an issue and by citing case examples to explain their advice.Hypo analyzes problem situations dealing with trade secrets disputes, retrieves relevant legal cases from its database and fashions them into reasonable legal arguments about who should win. The arguments demonstrate the program's ability to reason symbolically with past cases, to draw factual analogies between cases, to cite them in arguments, to distinguish them, and to pose counter-examples and hypotheticals based on past cases."Modeling Legal Argument "discusses the law as a paradigm of case-based argument, introduces Hypo and its adversarial reasoning process, provides an overview of the Hypo program, and gives extended examples of the model's reasoning capabilities. It describes the case knowledge base, a dimensional index, basic mechanisms of case-based reasoning, and offers a theory of case-based argument in Hypo. Ashley evaluates Hypo's performance and takes up adversarial case-based reasoning beyond the law and extensions of the Hypo model.Kevin D. Ashley is a Research Scientist at the Learning Research an Development Center and Assistant Professor of Law at the University of Pittsburgh. "Modeling Legal Argument is "included in the Artificial Intelligence and Legal Reasoning series, edited by L. Thorne McCarty and Edwina L. Rissland.

Justice, Law, and Argument

Author : Ch. Perelman
Publisher : Springer Science & Business Media
ISBN 13 : 9400990103
Total Pages : 199 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Justice, Law, and Argument by : Ch. Perelman

Download or read book Justice, Law, and Argument written by Ch. Perelman and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.

Handbook of Legal Reasoning and Argumentation

Author : Giorgio Bongiovanni
Publisher : Springer
ISBN 13 : 9048194520
Total Pages : 773 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis Handbook of Legal Reasoning and Argumentation by : Giorgio Bongiovanni

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.

Arguing About Law

Author : Aileen Kavanagh
Publisher : Routledge
ISBN 13 : 1135029148
Total Pages : 630 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Arguing About Law by : Aileen Kavanagh

Download or read book Arguing About Law written by Aileen Kavanagh and published by Routledge. This book was released on 2013-12-16 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing about Law introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Law also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions to each section in which they give an overview of the debate and outline the arguments of the papers, helping the student get to grips with both the classic and core arguments and emerging debates in: the nature of law legality and morality the rule of law the duty to obey the law legal enforcement of sexual morality the nature of rights rights in an age of terror constitutional theory tort theory. Arguing About Law is an inventive and stimulating reader for students new to philosophy of law, legal theory and jurisprudence.

A Right to Lie?

Author : Catherine J. Ross
Publisher : University of Pennsylvania Press
ISBN 13 : 0812253256
Total Pages : 184 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis A Right to Lie? by : Catherine J. Ross

Download or read book A Right to Lie? written by Catherine J. Ross and published by University of Pennsylvania Press. This book was released on 2021-11-30 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.

Making Your Case

Author : Antonin Scalia
Publisher : West Publishing Company
ISBN 13 : 9780314184719
Total Pages : 0 pages
Book Rating : 4.1/5 (847 download)

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Book Synopsis Making Your Case by : Antonin Scalia

Download or read book Making Your Case written by Antonin Scalia and published by West Publishing Company. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.

Thinking Like a Lawyer

Author : Frederick F. Schauer
Publisher : Harvard University Press
ISBN 13 : 0674032705
Total Pages : 256 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Thinking Like a Lawyer by : Frederick F. Schauer

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.

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Famous Legal Arguments

Author : Moses Field
Publisher :
ISBN 13 :
Total Pages : 222 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Famous Legal Arguments by : Moses Field

Download or read book Famous Legal Arguments written by Moses Field and published by . This book was released on 1897 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:

How to Do Things with Legal Doctrine

Author : Pierre Schlag
Publisher : University of Chicago Press
ISBN 13 : 022672638X
Total Pages : 216 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis How to Do Things with Legal Doctrine by : Pierre Schlag

Download or read book How to Do Things with Legal Doctrine written by Pierre Schlag and published by University of Chicago Press. This book was released on 2020-10-10 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal doctrine—the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law—is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the “New Doctrinalists,” Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine—focusing especially on those difficult moments where law seems to run out, but legal argument must go on. The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.

Methods of Argumentation

Author : Douglas Walton
Publisher : Cambridge University Press
ISBN 13 : 1107039304
Total Pages : 321 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Methods of Argumentation by : Douglas Walton

Download or read book Methods of Argumentation written by Douglas Walton and published by Cambridge University Press. This book was released on 2013-08-26 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Arguments, Stories and Criminal Evidence

Author : Floris J. Bex
Publisher : Springer Science & Business Media
ISBN 13 : 9400701403
Total Pages : 297 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Arguments, Stories and Criminal Evidence by : Floris J. Bex

Download or read book Arguments, Stories and Criminal Evidence written by Floris J. Bex and published by Springer Science & Business Media. This book was released on 2011-02-15 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and arguments to anchor these stories in evidence. Thus the argumentative and the narrative approaches from the research in legal philosophy and legal psychology are combined. Because the book describes its subjects in both an informal and a formal style, it is relevant for scholars in legal philosophy, AI, logic and argumentation theory. The book can also appeal to practitioners in the investigative and legal professions, who are interested in the ways in which they can and should reason with evidence.