Legal Reasoning Book PDF, EPUB Download & Read Online Free

Thinking Like a Lawyer
Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674032705
Pages: 239
Year: 2009-04-27
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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.
Learning Legal Reasoning
Author: John Delaney
Publisher: John Delaney Publications
ISBN: 0960851445
Pages: 175
Year: 1987
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Legal Reasoning
Author: Martin P. Golding
Publisher: Broadview Press
ISBN: 1551114224
Pages: 176
Year: 2001-03-02
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In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).
Beyond Legal Reasoning: a Critique of Pure Lawyering
Author: Jeffrey Lipshaw
Publisher: Routledge
ISBN: 1315410796
Pages: 188
Year: 2017-03-27
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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.
Methods of Legal Reasoning
Author: Jerzy Stelmach, Bartosz Brozek
Publisher: Springer Science & Business Media
ISBN: 1402049390
Pages: 233
Year: 2006-09-03
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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 and Political Conflict
Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 0195353498
Pages: 240
Year: 1998-02-26
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The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, 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. Sunstein offers a close analysis of 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. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary 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: the legislatures elected by the people.
On Law and Legal Reasoning
Author: Fernando Atria
Publisher: Bloomsbury Publishing
ISBN: 1847316328
Pages: 240
Year: 2002-08-07
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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.
An Introduction to Legal Reasoning
Author: Edward H. Levi
Publisher: University of Chicago Press
ISBN: 022608986X
Pages: 128
Year: 2013-10-11
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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. For this edition, the book 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.
Rhetoric and The Rule of Law
Author: Neil MacCormick
Publisher: OUP Oxford
ISBN: 0191018783
Pages: 304
Year: 2005-07-28
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When cases come before courts can we predict the outcome? Is legal reasoning rationally persuasive, working within a formal structure and using recognisable forms of arguments to produce predictable results? Or is legal reasoning mere ŕhetoric ́in the pejorative sense, open to use, and abuse, to achieve whatever ends unscrupulous politicians, lawyers and judges desire? If the latter what becomes of the supposed security of living under the rule of law? This book tackles these questions by presenting a theory of legal reasoning, developing the author's classic account given in Legal Reasoning and Legal Theory (OUP, 1978). It explains the essential role syllogism plays in reasoning used to apply the law, and the elements needed in addition to deductive reasoning to give a full explanation of how law is applied and decisions justified through the use of precedent, analogy and principle. The book highlights that problems of interpretation, classification and relevance will always arise when applying general legal standards to individual cases. In justifying their conclusions about such problems, judges need to be faithful to categorical legal reasons and yet fully sensitive to the particulars of the cases before them. How can this be achieved, and how should we evaluate the possible approaches judges could take to solving these problems? By addressing these issues the book asks questions at the heart of understanding the nature of law and the moral complexity of the rule of law.
Legal Reasoning, Writing, and Other Lawyering Skills
Author: Robin Wellford Slocum
Publisher:
ISBN: 1422481565
Pages: 682
Year: 2011
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Rev. ed. of: Legal reasoning, writing, and persuasive argument. c2006.
Moral Theory and Legal Reasoning
Author: Scott Brewer
Publisher: Taylor & Francis
ISBN: 0815326572
Pages: 394
Year: 1998
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First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
Evolution and Revolution in Theories of Legal Reasoning
Author: Scott Brewer
Publisher: Taylor & Francis
ISBN: 0815326580
Pages: 388
Year: 1998
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First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
Legal Reasoning, Research, and Writing for International Graduate Students
Author: Nadia E. Nedzel
Publisher: Wolters Kluwer Law & Business
ISBN: 1454881682
Pages: 464
Year: 2016-09-20
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Legal Reasoning, Research, and Writing for International Graduate Students helps readers understand and approach legal research and writing assignments the way attorneys do in the United States. Chapters are short and clear, and repeat the major points to aid, in particular, LL.M. candidates who are not native English speakers. A methodology of research and writing in preparing legal documents is presented, and reasoning and writing methods are based on standard IRAC analysis used by many instructors. To allow instructors to discuss citation requirements as they become needed, citation format information is integrated into the text. Most of the exercises in each chapter can be done on the Web as well as in the law library, with either commercial or non-commercial websites. Key Features: An example of rule synthesis based on the simple Soccer close memo example that had been included in the third edition Updated the chapter on the use of technology in the court system and by practicing attorneys, and how both changing technology and economic changes are affecting the legal profession in the United States. New, straightforward, and very effective way for students to outline essay exam questions.
Thinking Like a Lawyer
Author: Kenneth J. Vandevelde
Publisher: Routledge
ISBN: 0429973888
Pages: 350
Year: 2018-04-19
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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. In his classic book, Kenneth J. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking.Updated for a new generation of lawyers, the second edition features a new chapter on contemporary perspectives on legal reasoning. A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school.
A Primer on Legal Reasoning
Author: Michael Evan Gold
Publisher: Cornell University Press
ISBN: 150172861X
Pages: 360
Year: 2018-11-15
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After years of teaching law courses to undergraduate, graduate, and law students, Michael Evan Gold has come to believe that the traditional way of teaching – analysis, explanation, and example – is superior to the Socratic Method for students at the outset of their studies. In courses taught Socratically, even the most gifted students can struggle, and many others are lost in a fog for months. Gold offers a meta approach to teaching legal reasoning, bringing the process of argumentation to the fore. Using examples both from the law and from daily life, Gold's book will help undergraduates and first-year law students to understand legal discourse. The book analyzes and illustrates the principles of legal reasoning, such as logical deduction, analogies and distinctions, and application of law to fact, and even solves the mystery of how to spot an issue. In Gold's experience, students who understand the principles of analytical thinking are able to understand arguments, to evaluate and reply to them, and ultimately to construct sound arguments of their own.

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