Demystifying Legal Reasoning
Book Details
Format
Hardback or Cased Book
Book Series
Cambridge Introductions to Philosophy and Law
ISBN-10
0521878985
ISBN-13
9780521878982
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
US
Country of Publication
GB
Publication Date
Jun 16th, 2008
Print length
264 Pages
Weight
470 grams
Dimensions
23.40 x 15.70 x 2.20 cms
Product Classification:
Social & political philosophyJurisprudence & philosophy of law
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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. Other modes of reasoning popularly associated with the common law, such as analogical reasoning, are spurious.
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 practise special forms of reasoning is false.
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