Legal Reasoning

Legal Reasoning

PAPERBACK

29 Sep, 2022

The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contrac...

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ISBN-10:

1009162500

ISBN-13:

9781009162500

Publisher

Cambridge University Press

Dimensions

9.00 X 6.00 X 0.28 inches

Language

English

Description

The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. 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.

Product Details

ISBN-10

:1009162500

ISBN-13

:9781009162500

Publisher

:Cambridge University Press

Publication date

: 29 Sep, 2022

Edition

:New edition

Category

: Law

Sub-Category

: Jurisprudence

Format

:PAPERBACK

Language

:English

Reading Level

: All

Dimension

: 9.00 X 6.00 X 0.28 inches

Weight

:186 g

Editorial Reviews

'In Legal Reasoning, Melvin Eisenberg has produced a short but quite comprehensive and readable overview of the forms of reasoning employed by lawyers and judges, with copious examples drawn from the author's encyclopedic knowledge of the common law.' Larry Alexander, Warren Distinguished Professor, University of San Diego School of Law
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