Legal Reason

Author: Lloyd L. Weinreb
Publisher: Cambridge University Press
ISBN: 1107153468
Size: 55.39 MB
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In this book, the pervasive use of analogies in the reasoning of lawyers and judges is explained in clear, simple, untechnical prose.

Legal Reason

Author: Lloyd L. Weinreb
Publisher: Cambridge University Press
ISBN: 1316982769
Size: 32.57 MB
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Legal Reason describes and explains analogical reasoning, the distinctive feature of legal argument. It challenges the prevailing view that analogical reasoning is a logically flawed, defective form of deductive reasoning. Drawing on work in epistemology and cognitive psychology, the book shows that analogical reasoning in the law is the same as that used by everyone routinely in ordinary life, and that it is a valid form of reasoning, derived from the innate human capacity to recognize the general in the particular. The use of analogical reasoning in law is dictated by the nature of law, which calls for the application of general rules to particular facts. Critiques of the first edition of the book are addressed directly and objections answered in a new chapter. Written for scholars, students, and persons interested in law, Legal Reason is written in accessible prose, with examples drawn from the law and everyday experience.

Legal Reason

Author: Lloyd L. Weinreb
Publisher: Cambridge University Press
ISBN: 9780521614900
Size: 55.94 MB
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Legal Reason is written in accessible prose, with examples from law and from everyday life.

Thinking Like A Lawyer

Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674032705
Size: 16.16 MB
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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.

Modeling Legal Argument

Author: Kevin D. Ashley
Publisher: Bradford Books
ISBN:
Size: 19.83 MB
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Modeling Legal Argument provides a comprehensive treatment of case-based reasoning and a detailed description of a computer program called Hypo, that models the way attorneys argue with cases, real and hypothetical. The program offers significant advantages over "keyword" case retrieval systems in the legal field and demonstrates how to design expert systems that assist the user by presenting reasonable alternative answers on all sides of an issue and by citing case examples to explain their advice.Hypo analyzes problem situations dealing with trade secrets disputes, retrieves relevant legal cases from its database and fashions them into reasonable legal arguments about who should win. The arguments demonstrate the program's ability to reason symbolically with past cases, to draw factual analogies between cases, to cite them in arguments, to distinguish them, and to pose counter-examples and hypotheticals based on past cases.Modeling Legal Argument discusses the law as a paradigm of case-based argument, introduces Hypo and its adversarial reasoning process, provides an overview of the Hypo program, and gives extended examples of the model's reasoning capabilities. It describes the case knowledge base, a dimensional index, basic mechanisms of case-based reasoning, and offers a theory of case-based argument in Hypo. Ashley evaluates Hypo's performance and takes up adversarial case-based reasoning beyond the law and extensions of the Hypo model.Kevin D. Ashley is a Research Scientist at the Learning Research an Development Center and Assistant Professor of Law at the University of Pittsburgh. Modeling Legal Argument is included in the Artificial Intelligence and Legal Reasoning series, edited by L. Thorne McCarty and Edwina L. Rissland.

An Introduction To Legal Reasoning

Author: Edward H. Levi
Publisher: University of Chicago Press
ISBN: 022608986X
Size: 67.51 MB
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Originally published in 1949, An Introduction to Legal Reasoning is widely acknowledged as a classic text. As its opening sentence states, “This is an attempt to describe generally the process of legal reasoning in the field of case law and in the interpretation of statutes and of the Constitution.” In elegant and lucid prose, Edward H. Levi does just that in a concise manner, providing an intellectual foundation for generations of students as well as general readers. For this edition, the book includes a substantial new foreword by leading contemporary legal scholar Frederick Schauer that helpfully places this foundational book into its historical and legal contexts, explaining its continuing value and relevance to understanding the role of analogical reasoning in the law. This volume will continue to be of great value to students of logic, ethics, and political philosophy, as well as to members of the legal profession and everyone concerned with problems of government and jurisprudence.

Legal Reasoning And Legal Theory

Author: Neil MacCormick
Publisher: Clarendon Press
ISBN: 0191018597
Size: 53.93 MB
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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.

Elements Of Moral Cognition

Author: John Mikhail
Publisher: Cambridge University Press
ISBN: 0521855780
Size: 70.32 MB
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John Mikhail explores whether moral psychology is usefully modelled on aspects of Universal Grammar.

The Five Types Of Legal Argument

Author: Wilson Ray Huhn
Publisher:
ISBN: 9781594605161
Size: 72.84 MB
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"The Five Types of Legal Argument succeeds both as a work of legal theory and as a practical guide to legal reasoning for law students, lawyers and judges. Huhn shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy) and how to weave the different types of arguments toge the theoretical and practical themes of the work. Huhn introduces two additional ways of attacking legal arguments, and in a new chapter he utilizes principles of deductive logic to demonstrate the validity of the theory of the five types of legal arguments. The principal strength of this book is its clarity. Organized simply and logically, the book is written in plain language that is easily understood both by lay persons and professionals. The Five Types of Legal Argument is required reading at a number of leading American law schools, and it is recommended for anyone who wishes to understand how to construct and how to critique legal arguments. ther to make them more persuasive. The second edition further develops both the theoretical and practical themes of the work.Huhn introduces two additional ways of attacking legal arguments, and in a new chapter he utilizes principles of deductive logic to demonstrate the validity of the theory of the five types of legal arguments. The principal strength of this book is its clarity. Organized simply and logically, the book is written in plain language that is easily understood both by lay persons and professionals. The Five Types of Legal Argument is required reading at a number of leading American law schools, and it is recommended for anyone who wishes to understand how to construct and how to critique legal arguments."