Demystifying Legal Reasoning

Name: Demystifying Legal Reasoning
Price: 21.45 USD
Availability: InStock
ISBN: 9780521703956

ISBN-10: 0521703956

ISBN-13: 9780521703956

Edition: 2008

Authors: Larry Alexander, Emily L. Sherwin

List price: $34.99

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Description:

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.

Book details

List price: $34.99
Copyright year: 2008
Publisher: Cambridge University Press
Publication date: 6/16/2008
Binding: Paperback
Pages: 264
Size: 5.98" wide x 8.98" long x 0.79" tall
Weight: 0.792
Language: English



Introduction



Law and Its Function



Settling Moral Controversy



Common-Law Reasoning: Deciding Cases When Prior Judicial Decisions Determine the Law



Ordinary Reason Applied to Law: Natural Reasoning and Deduction from Rules



The Mystification of Common-Law Reasoning



Common-Law Practice



Reasoning from Canonical Legal Texts



Interpreting Statutes and Other Posited Rules



Infelicities of the Intended Meaning of Canonical Texts and Norms Constraining Interpretation



Nonintentionalist Interpretation



Is Constitutional Interpretation Different? Why It Isn't and Is


Epilogue: All or Nothing


Selected Bibliography


Index