About this product

Product Identifiers

PublisherCambridge University Press

ISBN-101009162500

ISBN-139781009162500

eBay Product ID (ePID)5057258996

Product Key Features

Book TitleLegal Reasoning

Number of Pages180 Pages

LanguageEnglish

TopicJurisprudence

Publication Year2022

IllustratorYes

FeaturesNew Edition

GenreLaw

AuthorMelvin A. Eisenberg

FormatTrade Paperback

Dimensions

Item Height0.3 in

Item Length9 in

Item Width6 in

Additional Product Features

Dewey Edition23

Reviews'In Legal Reasoning, Melvin Eisenberg has produced a short but quite comprehensive and readable overview of the forms of reasoning employed by lawyers and judges, with copious examples drawn from the author's encyclopedic knowledge of the common law.' Larry Alexander, Warren Distinguished Professor, University of San Diego School of Law

Dewey Decimal340.11

Table Of ContentPreface; 1. A brief introduction to the common law; 2. The rule-based model of legal reasoning; 3. Reasoning from precedent and the principle of stare decisis; 4. How it is determined what rule a precedent establishes; 5. Reasoning from authoritative although not legally binding legal rules; 6. The role of social morality, social policy, and empirical propositions in legal reasoning and the judicial adoption of new legal rules based on social propositions; 7. Legal rules, principles, and standards; 8. The malleability of legal rules; 9. Hiving off new legal rules, creating exceptions to established rules, and distinguishing; 10. Reasoning from analogy; 11. The roles of logic, deduction, and good judgement in legal reasoning; 12. Reasoning from hypotheticals; 13. Overruling.

Edition DescriptionNew Edition

SynopsisLegal Reasoning concerns the modes of reasoning utilized in the common law, which is made by courts and consists of the rules that govern the relations between individuals, such as contracts. The book is addressed to legal scholars, law students, pre-law students, and the general public., The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.

LC Classification NumberK212