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Demystifying Legal Reasoning

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ISBN-10: 0521703956

ISBN-13: 9780521703956

Edition: 2008

Authors: Larry Alexander, Emily L. Sherwin

List price: $32.99
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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.
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Book details

List price: $32.99
Copyright year: 2008
Publisher: Cambridge University Press
Publication date: 6/16/2008
Binding: Paperback
Pages: 264
Size: 6.00" wide x 8.75" long x 0.75" 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