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Thinking Like a Lawyer : A New Introduction to Legal Reasoning / Frederick Schauer.

By: Material type: TextTextPublisher: Cambridge, MA : Harvard University Press, [2009]Copyright date: 2009Description: 1 online resource (256 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9780674054561
Subject(s): DDC classification:
  • 340.1 23
Other classification:
  • online - DeGruyter
Online resources:
Contents:
Frontmatter -- CONTENTS -- Preface -- 1 Introduction: Is There Legal Reasoning? -- 2 Rules—in Law and Elsewhere -- 3 The Practice and Problems of Precedent -- 4 Authority and Authorities -- 5 The Use and Abuse of Analogies -- 6 The Idea of the Common Law -- 7 The Challenge of Legal Realism -- 8 The Interpretation of Statutes -- 9 The Judicial Opinion -- 10 Making Law with Rules and Standards -- 11 Law and Fact -- 12 The Burden of Proof and Its Cousins -- Index
Summary: 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.
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9780674054561

Frontmatter -- CONTENTS -- Preface -- 1 Introduction: Is There Legal Reasoning? -- 2 Rules—in Law and Elsewhere -- 3 The Practice and Problems of Precedent -- 4 Authority and Authorities -- 5 The Use and Abuse of Analogies -- 6 The Idea of the Common Law -- 7 The Challenge of Legal Realism -- 8 The Interpretation of Statutes -- 9 The Judicial Opinion -- 10 Making Law with Rules and Standards -- 11 Law and Fact -- 12 The Burden of Proof and Its Cousins -- Index

restricted access online access with authorization star

http://purl.org/coar/access_right/c_16ec

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.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 26. Aug 2024)