Read complete books and articles on: Legal Reasoning

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8 of the Best Books and Articles on: Legal Reasoning

as selected by Questia librarians

1.

Thinking like a Lawyer: An Introduction to Legal Reasoning » Read Now
by Kenneth J. Vandevelde. 254 pgs.

Collections: Entire Library

...LAWYER An Introduction to Legal Reasoning KENNETH J. VANDEVELDE Thomas...a lawyer: an introduction to legal reasoning Kenneth J. Vandevelde. p...A Historical Perspective on...
2.

Form and Substance in Anglo-American Law: A Comparative Study of Legal Reasoning, Legal Theory, and Legal Institutions » Read Now
by P. S. Atiyah, Robert S. Summers. 444 pgs.

Collections: Entire Library

This book has a completely original theme, or set of themes. It offers first a new way of analyzing styles of legal reasoning--between more "formal" and more "substantive" styles--that is a major contribution to jurisprudence in its own right. The authors then go on to demonstrate in detail the...
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This book has a completely original theme, or set of themes. It offers first a new way of analyzing styles of legal reasoning--between more "formal" and more "substantive" styles--that is a major contribution to jurisprudence in its own right. The authors then go on to demonstrate in detail the differences in legal reasoning--and in the legal systems as a whole--between England and America, and suggest that the English is a much more "formal" system and the American a more "substantive." Finally, the book explores a wide range of cultural, institutional, and historical factors relating to the two legal systems.
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3.

It's All in the Game: A Nonfoundationalist Account of Law and Adjudication (Chap. 6 "At Play in the Fields of Law: The Reasoning Game") » Read Now
by Allan C. Hutchinson. 380 pgs.

Collections: Philosophy, Entire Library

Three questions concerning modern legal thought provide the framework for It's All in the Game: What should judges do? What do judges do? What can judges do? Contrasting his own answers to traditional responses and moving playfully between debates of high theory, daily practices of appellate judges...
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Three questions concerning modern legal thought provide the framework for It's All in the Game: What should judges do? What do judges do? What can judges do? Contrasting his own answers to traditional responses and moving playfully between debates of high theory, daily practices of appellate judges, and his own enlightening analyses of significant court rulings, Allan C. Hutchinson examines what it means to treat adjudication as an engaged game of rhetorical justification. His resulting argument enables the reader to grasp more fully the practical operation, political determinants, and the transformative possibilities of law and adjudication.
Taking on leading contemporary theories to explore the claim that "law is politics", Hutchinson delineates a route toward professional, relevant, and responsible -- if radical -- judicial practices. After discussing the difference between foundationalist, antifoundationalist, and non-foundationalist legal critiques, he offers a focused, unequivocal, and positive account of the advantages of operating within a non-foundationalist framework. Although such an approach centralizes the role of rhetoric in law, Hutchinson claims that this does not necessitate a turn away from politics or, more particularly, from a progressive politics. Driving home the political and jurisprudential impact of his critique and of his account of non-foundationalist alternatives, he urges judges and jurists to engage in law's language game of politics.
This engaging book will interest linguistic philosophers, legal theorists, law students, attorneys, judges, and jurists of all stripes.
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4.

Mind, Machine, and Metaphor: An Essay on Artificial Intelligence and Legal Reasoning » Read Now
by Alexander E. Silverman. 145 pgs.

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...Artificial Intelligence and Legal Reasoning Alexander E. Silverman Westview...categorization problem to AI and to legal reasoning is discussed. Chapter 4 is...analogy...
5.

Ethics in the Public Domain: Essays in the Morality of Law and Politics (Chap. 14 "On the Autonomy of Legal Reasoning") » Read Now
by Joseph Raz. 382 pgs.

Collections: Philosophy, Entire Library

This new collection of essays opens with a pivotal essay, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book concentrates on the consequences of two central aspects of well-being: the importance of...
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This new collection of essays opens with a pivotal essay, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book concentrates on the consequences of two central aspects of well-being: the importance of membership in groups - the role of belonging - and the active character of well-being - that it largely consists in successful activities. Both aspects have far-reaching political implications, explored in essays on free expression, national self-determination, and multiculturalism, among others. Against the background of the moral and political views developed in the first part, the second part of the book explores various aspects of the dynamic inter-relations between law and morality, offering some building blocks towards a theory of law.
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6.

Reason and Passion in Legal Ethics, in Stanford Law Review » Read Now
by David Luban. 29 pgs.

Collections: Entire Library

...crucial cognitive advantage over legal reasoning. This summary sounds like...popular moral discourse."(88) If legal reasoning simply tracked moral reasoning...because Simon...
7.

The Relation between Counterfactual ("but for") and Causal Reasoning: Experimental Findings and Implications for Jurors' Decisions, in Law and Contemporary Problems » Read Now
by Barbara A. Spellman, Alexandra Kincannon. 24 pgs.

Collections: Psychology, Entire Library

...Reasoning as "but for" Causal Reasoning in the Law The legal system often asks jurors...but for" counterfactual reasoning, as required by the legal definitions above...
8.

Natural Law Theory: Contemporary Essays (Chap. 6 "Natural Law and Legal Reasoning") » Read Now
by Robert P. George. 372 pgs.

Collections: Entire Library

Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and religious studies. This volume presents twelve original essays by leading natural law theorists and their critics. The contributors discuss...
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Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and religious studies. This volume presents twelve original essays by leading natural law theorists and their critics. The contributors discuss natural law theories of morality, law and legal reasoning, politics, and the rule of law. Readers get a clear sense of the wide diversity of viewpoints represented among contemporary theorists, and an opportunity to evaluate the arguments and counterarguments exchanged in the current debates between natural law theorists and their critics. Contributors include Hadley Arkes, Joseph M. Boyle, Jr., John Finnis, Robert P. George, Russell Hittinger, Neil MacCormick, Michael Moore, Jeffrey Stout, Joseph Raz, Jeremy Waldron, Lloyd Weinreb, and Ernest Weinrib.
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