Legal Reason

Author: Lloyd L. Weinreb
Publisher: Cambridge University Press
ISBN: 1107153468
Size: 62.87 MB
Format: PDF, Kindle
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In this book, the pervasive use of analogies in the reasoning of lawyers and judges is explained in clear, simple, untechnical prose.

Legal Reason

Author: Lloyd L. Weinreb
Publisher: Cambridge University Press
ISBN: 1316982769
Size: 26.33 MB
Format: PDF, ePub
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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.

Legal Reason

Author: Lloyd L. Weinreb
Publisher: Cambridge University Press
ISBN: 9780521614900
Size: 12.94 MB
Format: PDF, ePub, Docs
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Legal Reason is written in accessible prose, with examples from law and from everyday life.

Thinking Like A Lawyer

Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674032705
Size: 60.97 MB
Format: PDF
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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.

An Introduction To Legal Reasoning

Author: Edward H. Levi
Publisher: University of Chicago Press
ISBN: 022608986X
Size: 41.96 MB
Format: PDF
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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.

Legal Reasoning And Legal Theory

Author: Neil MacCormick
Publisher: Clarendon Press
ISBN: 0191018597
Size: 16.74 MB
Format: PDF, ePub, Docs
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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.

The Five Types Of Legal Argument

Author: Wilson Ray Huhn
Publisher:
ISBN: 9781594605161
Size: 59.47 MB
Format: PDF, ePub
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"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 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 toge the theoretical and practical themes of the work. 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. Organized simply and logically, the book is written in plain language that is easily understood both by lay persons and professionals. 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. ther to make them more persuasive. The second edition further develops both the theoretical and practical themes of the work.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. Organized simply and logically, the book is written in plain language that is easily understood both by lay persons and professionals. 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."

Logically Fallacious

Author: Bo Bennett
Publisher: eBookIt.com
ISBN: 1456607375
Size: 37.80 MB
Format: PDF, ePub
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This book is a crash course in effective reasoning, meant to catapult you into a world where you start to see things how they really are, not how you think they are. The focus of this book is on logical fallacies, which loosely defined, are simply errors in reasoning. With the reading of each page, you can make significant improvements in the way you reason and make decisions. Logically Fallacious is one of the most comprehensive collections of logical fallacies with all original examples and easy to understand descriptions, perfect for educators, debaters, or anyone who wants to be improve his or her reasoning skills. "Expose an irrational belief, keep a person rational for a day. Expose irrational thinking, keep a person rational for a lifetime." - Bo Bennett This 2017 Edition includes dozens of more logical fallacies, over a hundred cognitive biases, practice lessons, and some common questions and answers.

A Time To Embrace

Author: William Stacy Johnson
Publisher: Wm. B. Eerdmans Publishing
ISBN: 1467435996
Size: 13.89 MB
Format: PDF, Mobi
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In A Time to Embrace William Stacy Johnson brilliantly analyzes the religious, legal, and political debates about gay marriage, civil unions, and committed gay couples. This new edition includes updates that reflect the many changes in laws pertaining to civil unions / same-sex marriage since 2006.

Legal Argumentation And Evidence

Author: Douglas Walton
Publisher: Penn State Press
ISBN: 9780271048338
Size: 44.62 MB
Format: PDF, Mobi
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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.