Advanced Introduction to Legal Reasoning

Administrative / Constitutional Law › Legal Profession

Advanced Introduction to Legal Reasoning

Edited by Larry Alexander · Emily Sherwin
Edward Elgar Publishing May 2021

Specifications

ISBN-13
9781789903164
Publisher
Edward Elgar Publishing
Publication
May 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.

  • discussion and analysis of the interpretive methods used in legal decision-making
  • guidance for the reader through the debates on analogical reasoning and construction of legal principles
  • a defense of intention-based interpretation of legal rules and natural reasoning in law

This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges.

Table of Contents

Introduction to legal reasoning
PART I. THE FUNCTION OF LAW
1. Settling moral controversy
PART II. REASONING FROM CANONICAL TEXTS
2. Interpreting posited rules
3. Infelicities of, and norms constraining, intended meaning
4. Non-intentionalist interpretation
PART III. COMMON LAW REASONING
5. Natural reasoning and deduction from rules
6. The mystification of common law reasoning
7. Judicial practice
8. All or nothing
Bibliography
Index
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