Legal System and Lawyers' Reasonings
Author: Julius Stone
Publisher:
Published: 2004
Total Pages: 0
ISBN-13: 9788175341364
DOWNLOAD EBOOKRead and Download eBook Full
Author: Julius Stone
Publisher:
Published: 2004
Total Pages: 0
ISBN-13: 9788175341364
DOWNLOAD EBOOKAuthor: Julius Stone
Publisher:
Published: 1964
Total Pages: 454
ISBN-13:
DOWNLOAD EBOOKAuthor: Frederick Schauer
Publisher: Harvard University Press
Published: 2012-04-02
Total Pages: 256
ISBN-13: 0674062485
DOWNLOAD EBOOKThis 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.
Author: John Brendan Thornton
Publisher:
Published: 2014
Total Pages:
ISBN-13: 9780327179801
DOWNLOAD EBOOKAuthor: Neil MacCormick
Publisher: Clarendon Press
Published: 1994-08-11
Total Pages: 322
ISBN-13: 0191018597
DOWNLOAD EBOOKWhat 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.
Author: Julius Stone
Publisher:
Published: 1964
Total Pages: 45
ISBN-13:
DOWNLOAD EBOOKAuthor: Cass R. Sunstein
Publisher: Oxford University Press
Published: 1998-02-26
Total Pages: 233
ISBN-13: 0195353498
DOWNLOAD EBOOKThe 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.
Author: Aulis Aarnio
Publisher: New York University Press
Published: 1992-02
Total Pages: 534
ISBN-13:
DOWNLOAD EBOOKThis Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
Author: Steven J. Burton
Publisher: Aspen Publishers
Published: 2007
Total Pages: 240
ISBN-13:
DOWNLOAD EBOOKA dependable, practical source that: - Covers analogical and deductive reasoning, as well as the roles of legal conventions, purposes, and policies in legal reasoning - Discusses cases of varying difficulty to diversify the learning process - Presents law and legal reasoning primarily through discussions of cases and examples that avoid the abstraction characteristic of most competing books - Emphasizes the law as used in practice by lawyers and judges - Provides an explicit and systematic introduction to law and legal reasoning - Offers a source suitable for use as supplementary reading in any first year course, in legal research and writing courses, in paralegal courses, and in other settings This great new edition has been carefully updated to include: - A new chapter, "Hardest Cases," that highlights cases notorious in the press - Updates throughout that guarantee the most current legal information
Author: Kenneth J. Vandevelde
Publisher: Westview Press
Published: 2010-12-28
Total Pages: 350
ISBN-13: 0813344646
DOWNLOAD EBOOKWhen 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.