Legal Reasoning and Legal Theory

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Release : 1994-08-11
Genre : Law
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Book Rating : 597/5 ( reviews)

Legal Reasoning and Legal Theory - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Reasoning and Legal Theory write by Neil MacCormick. This book was released on 1994-08-11. Legal Reasoning and Legal Theory available in PDF, EPUB and Kindle. 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.

On Law and Legal Reasoning

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Release : 2002-08-07
Genre : Law
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Book Rating : 328/5 ( reviews)

On Law and Legal Reasoning - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook On Law and Legal Reasoning write by Fernando Atria. This book was released on 2002-08-07. On Law and Legal Reasoning available in PDF, EPUB and Kindle. This book is about legal theory and legal reasoning. In particular,it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard: law is institutional, and legal reasoning is formal. These two features are so closely connected that it is reasonable to believe that in fact they are simply two ways of looking at the same issue. This becomes clearer as the focus of the book shifts from the institutional nature of law to the consequences of this for legal reasoning, and which is the principal focus of the book. The author received the European Academy of Legal Theory award in 2000 for the doctoral dissertation on which this work was based.

Methods of Legal Reasoning

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Release : 2006-09-03
Genre : Law
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Book Rating : 390/5 ( reviews)

Methods of Legal Reasoning - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Methods of Legal Reasoning write by Jerzy Stelmach. This book was released on 2006-09-03. Methods of Legal Reasoning available in PDF, EPUB and Kindle. 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.

Legal Reasoning

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Release : 2022-09-29
Genre : Law
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Book Rating : 760/5 ( reviews)

Legal Reasoning - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Reasoning write by Melvin A. Eisenberg. This book was released on 2022-09-29. Legal Reasoning available in PDF, EPUB and Kindle. The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.

Demystifying Legal Reasoning

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Release : 2008-06-16
Genre : Philosophy
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Book Rating : 47X/5 ( reviews)

Demystifying Legal Reasoning - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Demystifying Legal Reasoning write by Larry Alexander. This book was released on 2008-06-16. Demystifying Legal Reasoning available in PDF, EPUB and Kindle. 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.