Demystifying Legal Reasoning

Demystifying Legal Reasoning

by Larry Alexander, Emily Sherwin
     
 

View All Available Formats & Editions

ISBN-10: 0521703956

ISBN-13: 9780521703956

Pub. Date: 07/31/2008

Publisher: Cambridge University Press

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

Overview

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 practice special forms of reasoning is false.

Product Details

ISBN-13:
9780521703956
Publisher:
Cambridge University Press
Publication date:
07/31/2008
Series:
Cambridge Introductions to Philosophy and Law Series
Edition description:
New Edition
Pages:
264
Product dimensions:
5.90(w) x 8.90(h) x 0.70(d)

Table of Contents

Part I. Law and its Function: 1. Moral controversy; Part II. Common Law Reasoning: Deciding Cases When Prior Judicial Decisions Determine the Law: 2. Ordinary reason applied to law: natural reasoning and deduction from rules; 3. The mystification of common-law reasoning; 4. Common law practice; Part III. Reasoning from Canonical Legal Text: 5. Interpreting statutes and other posited rules; 6. Infelicities of the intended meaning of canonical texts and norms constraining interpretation; 7. Non-intentionalist interpretation; 8. Is constitutional interpretation different? Why it isn't and is; 9. All or nothing.

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >