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Legal Problem Solving and Syllogistic Analysis: A Guide for Foundation Law Students

Legal Problem Solving and Syllogistic Analysis: A Guide for Foundation Law Students

作者： Kenneth Yin; Anibeth Desierto
出版商： LexisNexis Australia
ISBN: 9780409343229
出版时间 September 2016
规格： Paperback
适应领域： Australia ? 免责申明：
Countri(es) stated herein are used as reference only

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This innovative book explains the use of the syllogism as the foundation for all legal deductive logic in problem solving – a skill essential to successful law study and practice.

Understanding how to go about solving legal problems is a critical skill law students require in order to achieve success at law school and later in professional practice. This innovative text is a guide to developing students’ critical thinking in solving legal problems through the application of the principles of logic.

The authors explain how syllogistic analysis provides the underlying basis for legal problem solving using the IRAC method commonly taught in foundation law studies.

Drawing on everyday examples, the processes of everyday reasoning are used both to deconstruct and reconstruct the reasoning itself. The step-by-step approach demonstrates the application of legal reasoning and research to generate appropriate responses to legal issues. It assists students to engage in critical analysis so as to make a reasoned choice amongst alternative responses to those legal problems.

For lecturers, the book is supported by an online teaching guide and a suite of supplementary learning resources.

The learning and use of syllogisms as the basis for IRAC and its variants is supported with accessible models, clear analysis and scaffolding. The methodology is supported by research into the most effective teaching and learning approaches and incorporates scaffolding, provision of feedback, teacher-student interaction, student-centred teaching, contextualisation, drawing on students’ experiences and empowering students by equipping them with the cognitive skills required in real-life lawyers from the outset of their law studies

Features
• Explains the use of the syllogism as the foundation for all legal deductive logic in problem solving
• Improves critical thinking in solving legal problems
• Presented in a teaching template that is suitable for foundation legal studies students
• Uses everyday learning experiences to demonstrate the techniques and applies them to legal analogies
Chapter 1: Introduction

Chapter 2: IRAC, Legal Deductive Logic and the Syllogism

Chapter 3: Common Syllogistic Fallacies

Chapter 4: Identifying the Major Premise

Chapter 5: The Extraction of the Minor Premise

Chapter 6: Organising the Answer
Kenneth Yin is a lecturer in the School of Law and Justice at Edith Cowan University, and was the winner of Dean’s Award for Excellence in Undergraduate Teaching 2011. He practised initially as a solicitor, and then as a barrister at the Western Australian Bar until his retirement in 2013. The methods in this text are based on a combination of his many years of experience in the preparation of legal arguments from his time of practice at the Bar, his knowledge of the requirements of first year law students, and deep research into syllogistic problem solving.

Anibeth Desierto is an academic at Edith Cowan University and Curtin University of Technology, with responsibility for delivery of in-house courses and pathway programs for Australian students including the areas of research, academic literacy and communication skills. She holds a Masters degree in Education from Deakin University with research published on academic writing and embedding . She has had extensive experience in the design, delivery and evaluation of customised courses in Australia and overseas for both the private and public sectors.

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