Precedents, Statutes, and Analysis of Legal Concepts
Precedents, Statutes, and Analysis of Legal Concepts

Author: Scott Brewer

Publisher: Routledge

Published: 2013-06-17

Total Pages: 401

ISBN-13: 1135643024

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At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.

Scientific Models of Legal Reasoning
Scientific Models of Legal Reasoning

Author: Scott Brewer

Publisher: Routledge

Published: 2013-10-28

Total Pages: 425

ISBN-13: 1136524762

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First published in 1998. This five-volume series contains some of this century's most influential or thought provoking articles on the subject of legal argument that have appeared in Anglo-American philosophy journals and law reviews. This volume offers a collection of essays by philosophers and legal scholars on economics, artificial intelligence and the physical sciences.

New Developments in Legal Reasoning and Logic
New Developments in Legal Reasoning and Logic

Author: Shahid Rahman

Publisher: Springer Nature

Published: 2021-12-16

Total Pages: 432

ISBN-13: 3030700844

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This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.

Legal Reasoning and Legal Theory
Legal Reasoning and Legal Theory

Author: Neil MacCormick

Publisher: Clarendon Press

Published: 1994-08-11

Total Pages: 322

ISBN-13: 0191018597

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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.

Legal Argumentation and Evidence
Legal Argumentation and Evidence

Author: Douglas Walton

Publisher: Penn State Press

Published: 2010-11-01

Total Pages: 400

ISBN-13: 9780271048338

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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.

Methods of Legal Reasoning
Methods of Legal Reasoning

Author: Jerzy Stelmach

Publisher: Springer Science & Business Media

Published: 2006-09-03

Total Pages: 237

ISBN-13: 1402049390

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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 (Vol. 2)
Legal Reasoning (Vol. 2)

Author: Aulis Aarnio

Publisher: New York University Press

Published: 1992-02

Total Pages: 534

ISBN-13:

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This 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.

Legal Reasoning
Legal Reasoning

Author: Melvin A. Eisenberg

Publisher: Cambridge University Press

Published: 2022-09-29

Total Pages: 194

ISBN-13: 1009192760

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The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.

Handbook of Legal Reasoning and Argumentation
Handbook of Legal Reasoning and Argumentation

Author: Giorgio Bongiovanni

Publisher: Springer

Published: 2018-07-02

Total Pages: 773

ISBN-13: 9048194520

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This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.

The Five Types of Legal Argument
The Five Types of Legal Argument

Author: Wilson Ray Huhn

Publisher:

Published: 2002

Total Pages: 224

ISBN-13:

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Organized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one.