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Thinking Like a Lawyer - A New Introduction to Legal Reasoning (Paperback)
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Thinking Like a Lawyer - A New Introduction to Legal Reasoning (Paperback)
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This primer on legal reasoning is aimed at law students and
upper-level undergraduates. But it is also an original exposition
of basic legal concepts that scholars and lawyers will find
stimulating. It covers such topics as rules, precedent, authority,
analogical reasoning, the common law, statutory interpretation,
legal realism, judicial opinions, legal facts, and burden of proof.
In addressing the question whether legal reasoning is distinctive,
Frederick Schauer emphasizes the formality and rule-dependence of
law. When taking the words of a statute seriously, when following a
rule even when it does not produce the best result, when treating
the fact of a past decision as a reason for making the same
decision again, or when relying on authoritative sources, the law
embodies values other than simply that of making the best decision
for the particular occasion or dispute. In thus pursuing goals of
stability, predictability, and constraint on the idiosyncrasies of
individual decision-makers, the law employs forms of reasoning that
may not be unique to it but are far more dominant in legal
decision-making than elsewhere. Schauer's analysis of what makes
legal reasoning special will be a valuable guide for students while
also presenting a challenge to a wide range of current academic
theories.
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