Legal Reasoning and Legal Theory

Legal Reasoning and Legal Theory
Author: Neil MacCormick
Publisher: Clarendon Press
Total Pages: 322
Release: 1994-08-11
Genre: Law
ISBN: 0191018597

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 Reasoning

Legal Reasoning
Author: Martin P. Golding
Publisher: Broadview Press
Total Pages: 180
Release: 2001-03-02
Genre: Law
ISBN: 9781551114224

In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).

Demystifying Legal Reasoning

Demystifying Legal Reasoning
Author: Larry Alexander
Publisher: Cambridge University Press
Total Pages: 254
Release: 2008-06-16
Genre: Philosophy
ISBN: 113947247X

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.

On Law and Legal Reasoning

On Law and Legal Reasoning
Author: Fernando Atria
Publisher: Hart Publishing
Total Pages: 264
Release: 2001
Genre: Law
ISBN:

This book seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning.

Methods of Legal Reasoning

Methods of Legal Reasoning
Author: Jerzy Stelmach
Publisher: Springer Science & Business Media
Total Pages: 237
Release: 2006-09-03
Genre: Law
ISBN: 1402049390

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
Total Pages: 534
Release: 1992-02
Genre: Law
ISBN:

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.

Objectivity in Law and Legal Reasoning

Objectivity in Law and Legal Reasoning
Author: Jaakko Husa
Publisher: Bloomsbury Publishing
Total Pages: 285
Release: 2013-01-28
Genre: Law
ISBN: 1782250689

Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of 'objectivity' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.

Legal Reasoning, Legal Theory and Rights

Legal Reasoning, Legal Theory and Rights
Author: MartinP. Golding
Publisher: Routledge
Total Pages: 425
Release: 2017-07-05
Genre: History
ISBN: 1351560530

This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.

The Cambridge Handbook of Thinking and Reasoning

The Cambridge Handbook of Thinking and Reasoning
Author: Keith J. Holyoak
Publisher: Cambridge University Press
Total Pages: 880
Release: 2005-04-18
Genre: Psychology
ISBN: 9780521824170

The Cambridge Handbook of Thinking and Reasoning is the first comprehensive and authoritative handbook covering all the core topics of the field of thinking and reasoning. Written by the foremost experts from cognitive psychology, cognitive science, and cognitive neuroscience, individual chapters summarize basic concepts and findings for a major topic, sketch its history, and give a sense of the directions in which research is currently heading. The volume also includes work related to developmental, social and clinical psychology, philosophy, economics, artificial intelligence, linguistics, education, law, and medicine. Scholars and students in all these fields and others will find this to be a valuable collection.