U.S. Legal Reasoning, Writing, and Practice for International Lawyers
Author: John Brendan Thornton
Publisher:
Published: 2014
Total Pages:
ISBN-13: 9780327179801
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Legal System and Lawyers' Reasonings
Author: Julius Stone
Publisher:
Published: 2004
Total Pages: 0
ISBN-13: 9788175341364
DOWNLOAD EBOOKThinking Like a Lawyer
Author: Frederick F. Schauer
Publisher: Harvard University Press
Published: 2009-04-27
Total Pages: 256
ISBN-13: 0674032705
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. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
The American Legal System and Civic Engagement
Author: Kenneth Manaster
Publisher: Springer
Published: 2013-09-12
Total Pages: 305
ISBN-13: 1137342331
DOWNLOAD EBOOKIn recent years there has been a widely-recognized and serious lack of rational and civil public discussion about current issues. In The American Legal System and Civic Engagement, Manaster asserts that ordinary citizens can form their opinions on public issues more intelligently, confidently, and responsibly if they have some guidance on how to do it. Drawing from the tools and traditions of the American legal system, he offers guidance to aid citizens in understanding public issues and participating in the type of responsible public debate these challenging issues deserve. From analyzing the influence of the media in informing the public, to examining the role of the citizen as a juror, The American Legal System and Civic Engagement is a practical and informative guide to how Americans can better perform the civic duty that modern democracy requires.
Legal System and Lawyers' Reasonings
Author: Julius Stone
Publisher:
Published: 1964
Total Pages: 454
ISBN-13:
DOWNLOAD EBOOKDemystifying Legal Reasoning
Author: Larry Alexander
Publisher: Cambridge University Press
Published: 2008-06-16
Total Pages: 254
ISBN-13: 113947247X
DOWNLOAD EBOOKDemystifying 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.
A Cosmopolitan Jurisprudence
Author: Helge Dedek
Publisher: Cambridge University Press
Published: 2021-12-16
Total Pages: 325
ISBN-13: 1108841724
DOWNLOAD EBOOKInspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Beyond Legal Reasoning: a Critique of Pure Lawyering
Author: Jeffrey Lipshaw
Publisher: Routledge
Published: 2017-03-27
Total Pages: 300
ISBN-13: 1315410796
DOWNLOAD EBOOKThe 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.
Thinking Like a Lawyer
Author: Kenneth J. Vandevelde
Publisher: Hachette UK
Published: 2010-12-28
Total Pages: 354
ISBN-13: 0813345251
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.
Logic for Lawyers
Author: Ruggero J. Aldisert
Publisher:
Published: 1989
Total Pages: 296
ISBN-13:
DOWNLOAD EBOOKThis book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.
