Legal Reason

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Reason in Law

Author : Lief H. Carter
Publisher : University of Chicago Press
ISBN 13 : 022632821X
Total Pages : 311 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Reason in Law by : Lief H. Carter

Download or read book Reason in Law written by Lief H. Carter and published by University of Chicago Press. This book was released on 2016-03-04 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Newly updated ninth edition: “A superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning.” —Law and Politics Book Review Over the decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.

Law, Truth, and Reason

Author : Raimo Siltala
Publisher : Springer Science & Business Media
ISBN 13 : 9400718721
Total Pages : 296 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Law, Truth, and Reason by : Raimo Siltala

Download or read book Law, Truth, and Reason written by Raimo Siltala and published by Springer Science & Business Media. This book was released on 2011-07-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.

Legal Reason

Author : Lloyd L. Weinreb
Publisher : Cambridge University Press
ISBN 13 : 1316982769
Total Pages : 199 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis Legal Reason by : Lloyd L. Weinreb

Download or read book Legal Reason written by Lloyd L. Weinreb and published by Cambridge University Press. This book was released on 2016-09-29 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Reason describes and explains analogical reasoning, the distinctive feature of legal argument. It challenges the prevailing view that analogical reasoning is a logically flawed, defective form of deductive reasoning. Drawing on work in epistemology and cognitive psychology, the book shows that analogical reasoning in the law is the same as that used by everyone routinely in ordinary life, and that it is a valid form of reasoning, derived from the innate human capacity to recognize the general in the particular. The use of analogical reasoning in law is dictated by the nature of law, which calls for the application of general rules to particular facts. Critiques of the first edition of the book are addressed directly and objections answered in a new chapter. Written for scholars, students, and persons interested in law, Legal Reason is written in accessible prose, with examples drawn from the law and everyday experience.

On Law and Reason

Author : Aleksander Peczenik
Publisher : Springer Science & Business Media
ISBN 13 : 1402083815
Total Pages : 455 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis On Law and Reason by : Aleksander Peczenik

Download or read book On Law and Reason written by Aleksander Peczenik and published by Springer Science & Business Media. This book was released on 2014-01-12 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.

Reason in Law

Author : Lief H. Carter
Publisher : Addison Wesley Longman
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Reason in Law by : Lief H. Carter

Download or read book Reason in Law written by Lief H. Carter and published by Addison Wesley Longman. This book was released on 1998 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous editions : 1988 (3rd) ; and 1994 (4th).

An Introduction to Legal Reasoning

Author : Edward H. Levi
Publisher : University of Chicago Press
ISBN 13 : 022608986X
Total Pages : 125 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis An Introduction to Legal Reasoning by : Edward H. Levi

Download or read book An Introduction to Legal Reasoning written by Edward H. Levi and published by University of Chicago Press. This book was released on 2013-10-11 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated edition of the classic text by the former US attorney general and University of Chicago Law School dean. Originally published in 1949, An Introduction to Legal Reasoning is widely acknowledged as a classic text. As its opening sentence states, “This is an attempt to describe generally the process of legal reasoning in the field of case law and in the interpretation of statutes and of the Constitution.” In elegant and lucid prose, Edward H. Levi does just that in a concise manner, providing an intellectual foundation for generations of students as well as general readers. This updated edition includes a substantial new foreword by leading contemporary legal scholar Frederick Schauer that helpfully places this foundational book into its historical and legal contexts, explaining its continuing value and relevance to understanding the role of analogical reasoning in the law. This volume will continue to be of great value to students of logic, ethics, and political philosophy, as well as to members of the legal profession and everyone concerned with problems of government and jurisprudence.

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.

Legal Reason

Author : Lloyd L. Weinreb
Publisher : Cambridge University Press
ISBN 13 : 1107153468
Total Pages : 199 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Legal Reason by : Lloyd L. Weinreb

Download or read book Legal Reason written by Lloyd L. Weinreb and published by Cambridge University Press. This book was released on 2016-10-05 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the pervasive use of analogies in the reasoning of lawyers and judges is explained in clear, simple, untechnical prose.

Legal Reasoning, Writing, and Other Lawyering Skills

Author : Robin Wellford Slocum
Publisher :
ISBN 13 : 9781422481561
Total Pages : 0 pages
Book Rating : 4.4/5 (815 download)

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Book Synopsis Legal Reasoning, Writing, and Other Lawyering Skills by : Robin Wellford Slocum

Download or read book Legal Reasoning, Writing, and Other Lawyering Skills written by Robin Wellford Slocum and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of: Legal reasoning, writing, and persuasive argument. c2006.

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.

Law and the Limits of Reason

Author : Adrian Vermeule
Publisher : Oxford University Press
ISBN 13 : 0199914095
Total Pages : 220 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Law and the Limits of Reason by : Adrian Vermeule

Download or read book Law and the Limits of Reason written by Adrian Vermeule and published by Oxford University Press. This book was released on 2012-05-24 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Limits of Reason asks "what are the consequences of recognizing the limits of reason within the legal system?" In particular, what are the consequences for the allocation of lawmaking authority among judges, legislators, and administrative agencies or executive officials? Vermeule examines the conditions under which the limits of reason support a greater or lesser allocation of authority to one institution or another.

Legal Reasoning and Legal Theory

Author : Neil MacCormick
Publisher : Clarendon Press
ISBN 13 : 0191018597
Total Pages : 322 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Legal Reasoning and Legal Theory by : Neil MacCormick

Download or read book Legal Reasoning and Legal Theory written by Neil MacCormick and published by Clarendon Press. This book was released on 1994-08-11 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Reasoning and Political Conflict

Author : Cass R. Sunstein
Publisher : Oxford University Press
ISBN 13 : 0190864443
Total Pages : 273 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Legal Reasoning and Political Conflict by : Cass R. Sunstein

Download or read book Legal Reasoning and Political Conflict written by Cass R. Sunstein and published by Oxford University Press. This book was released on 2018 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Reasoning and Political Conflict, Cass R. Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Professor Sunstein closely analyzes the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. He states that judges purposely limit the scope of their decisions to avoid reopening large-scale controversies, calling such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning, he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, and Ronald Dworkin. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. Legal reasoning can seem impenetrable, mysterious, baroque. Legal Reasoning and Political Conflict helps dissolve the mystery. Whether discussing abortion, homosexuality, or free speech, the meaning of the Constitution, or the spell cast by the Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: to the legislatures elected by the people. In this Second Edition, the author updates the previous edition bringing the book into the current mainstream of twenty-first century legal reasoning and judicial decision-making focusing on the many relevant contemporary issues and developments that occurred since its initial 1996 publication.

Kant's Tribunal of Reason

Author : Sofie Møller
Publisher : Cambridge University Press
ISBN 13 : 1108498493
Total Pages : 211 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Kant's Tribunal of Reason by : Sofie Møller

Download or read book Kant's Tribunal of Reason written by Sofie Møller and published by Cambridge University Press. This book was released on 2020-03-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book-length study in English of Kant's legal metaphors, whose philosophical importance has so far been overlooked. It will appeal to academic researchers and advanced students of Kant, early modern philosophy, legal philosophy, and intellectual history.

Thinking Like a Lawyer

Author : Kenneth J. Vandevelde
Publisher : Hachette UK
ISBN 13 : 0813345251
Total Pages : 354 pages
Book Rating : 4.8/5 (133 download)

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Book Synopsis Thinking Like a Lawyer by : Kenneth J. Vandevelde

Download or read book Thinking Like a Lawyer written by Kenneth J. Vandevelde and published by Hachette UK. This book was released on 2010-12-28 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reason in Law

Author : Lief Carter
Publisher : Routledge
ISBN 13 : 1317344685
Total Pages : 389 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Reason in Law by : Lief Carter

Download or read book Reason in Law written by Lief Carter and published by Routledge. This book was released on 2017-10-05 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing that good legal reasoning remains the best device by which we can ensure that judicial impartiality, the rule of law, and social trust and peace are preserved, Thomas F. Burke and Lief H. Carter present an accessible and lively text that analyzes the politics of the judicial process. Looking at the larger social and institutional contexts that affect the rule of law - including religious beliefs and media coverage of the courts - Reason in Law uses cases ripped from the headlines to illustrate its theory in real-world practice.

Rethinking Legal Reasoning

Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
ISBN 13 : 1784712612
Total Pages : 374 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Rethinking Legal Reasoning by : Geoffrey Samuel

Download or read book Rethinking Legal Reasoning written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘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?