Demystifying Legal Reasoning (Cambridge Introductions to Philosophy and Law)
Released: Jun 16, 2008
Publisher: Cambridge University Press
Format: Hardcover, 264 pages
Related ISBN: 9780521703956
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.
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