Demystifying Legal Reasoning

Larry Alexander author Emily Sherwin author

Format:Hardback

Publisher:Cambridge University Press

Published:16th Jun '08

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Demystifying Legal Reasoning cover

This book defends the proposition that there are no special forms of reasoning peculiar to law.

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. Other modes of reasoning popularly associated with the common law, such as analogical reasoning, are spurious.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.

ISBN: 9780521878982

Dimensions: 234mm x 157mm x 22mm

Weight: 470g

264 pages