Demystifying Legal Reasoning
Product Description
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 practice special forms of reasoning is false.
Book Description
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.
Product Details
Paperback: 264 pagesPublisher: Cambridge University Press; 1 edition (June 16, 2008)
Language: English
ISBN-10: 0521703956
ISBN-13: 978-0521703956
