Description
Book Synopsis: This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.
In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere.
Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
Details
Looking to excel in the field of law? Introducing "Thinking Like a Lawyer: A New Introduction to Legal Reasoning" - a must-read for law students, budding lawyers, and scholars alike. This comprehensive primer delves into vital legal concepts, stimulating your mind and giving you a competitive edge. From rules and precedent to analogical reasoning and burden of proof, this book covers it all.
What sets legal reasoning apart? According to the esteemed author, Frederick Schauer, it's the formal and rule-dependent nature of the law. By taking statutes seriously, following rules faithfully, and considering past decisions as valid reasons for future ones, the law embraces values like stability and predictability. These values shape legal decision-making, making it an enchanting field of study.
Schauer's analysis challenges existing academic theories and offers a fresh perspective. By exploring what makes legal reasoning special, this book not only provides valuable guidance for students but also ignites a debate among legal scholars. Don't miss out on the opportunity to expand your legal knowledge and gain a nuanced understanding of this fascinating subject.
Ready to embark on a journey of legal enlightenment? Don't wait any longer - grab your copy of "Thinking Like a Lawyer: A New Introduction to Legal Reasoning" today and unlock the secrets behind successful legal minds! Click here to make your purchase now.
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