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Legal Reasoning (Paperback)
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Legal Reasoning (Paperback)
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Lawyers perform many tasks. This book focuses on the core tasks
with law. The core tasks are as follows: Structuring law Making law
Interpreting law Using law in litigation and transactions, which
involves two major tasks, namely applying law to facts and proving
facts This book: examines the concepts of rationality and
irrationality describes the reasoning processes that should
underlie the core tasks that lawyers perform. These reasoning
processes should ensure that each task is done as effectively and
efficiently as human endeavour can make it. The main reasoning
processes are as follows - conditional statement, deduction,
induction, abduction, analogy, probability, policy, analysing
ambiguity and observation. explains how an understanding of the
reasoning processes that should be used becomes a basis for legal
method since it is the basic for constructing models for working
with law. However, it explains these only briefly since there is a
full discussion of these models in a companion book Legal Method.
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