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9780521878982

Demystifying Legal Reasoning

by
  • ISBN13:

    9780521878982

  • ISBN10:

    0521878985

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2008-06-16
  • Publisher: Cambridge University Press

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Supplemental Materials

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Summary

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.

Author Biography

Emily Sherwin is Professor of Law at Cornell Law School.

Table of Contents

Law and its Function
Moral controversy
Common Law Reasoning: Deciding Cases When Prior Judicial Decisions Determine the Law
Ordinary reason applied to law: natural reasoning and deduction from rules
The mystification of common-law reasoning
Common law practice
Reasoning from Canonical Legal Text
Interpreting statutes and other posited rules
Infelicities of the intended meaning of canonical texts and norms constraining interpretation
Non-intentionalist interpretation
Is constitutional interpretation different? Why it isn't and is
All or nothing
Table of Contents provided by Publisher. All Rights Reserved.

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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