Demystifying Legal Reasoning

Demystifying Legal Reasoning
Author :
Publisher : Cambridge University Press
Total Pages : 254
Release :
ISBN-10 : 9781139472470
ISBN-13 : 113947247X
Rating : 4/5 (47X Downloads)

Book Synopsis Demystifying Legal Reasoning by : Larry Alexander

Download or read book Demystifying Legal Reasoning written by Larry Alexander and published by Cambridge University Press. This book was released on 2008-06-16 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


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What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly