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An introduction to what every law student and practitioner needs to know about legal reasoning.
"Doug Linder and Nancy Levit combine evidence from the latest social science research with numerous engaging accounts of able attorneys at work to explain just what makes a good lawyer -- courage, empathy, integrity, realism, a strong sense of justice, clarity of purpose, and an ability to transcend emotionalism"--
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.
"Containing the public messages, speeches, and statements of the President", 1956-1992.
Public Papers of the Presidents of the United States
Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?
How Would You Rule is a lighthearted introduction to fundamental concepts of law through strange but true legal cases. Each chapter tells the story of a different case and presents the main arguments of the opposing parties. The twist? Before the ruling of the court is revealed, readers are challenged to put themselves in the shoes—or the robes—of the judges and decide for themselves how they would rule in these cases. After coming up with their own solutions, readers can learn how the actual judges resolved the disputes. The goal is to get readers to think for themselves about what’s right and what's wrong, sharpening their own instincts for the reasons and analyses that win arguments.