Legal Reasoning

作者： Melvin A. Eisenberg
出版商： Cambridge University Press
ISBN: 9781009162500
出版时间 September 2022
规格： Paperback
适应领域： ? 免责申明：
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The common law, which is made by courts, consists of rules that govern relations between individuals, such as contracts and torts (the law of private wrongs). 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.
Preface
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

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