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Books > Law > Jurisprudence & general issues > Legal history
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Rethinking Legal Reasoning (Paperback)
Loot Price: R1,457
Discovery Miles 14 570
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Rethinking Legal Reasoning (Paperback)
Series: Rethinking Law series
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?'Rethinking?' legal reasoning seems a bold aim given the large
amount of literature devoted to this topic. In this
thought-provoking book, Geoffrey Samuel proposes a different way of
approaching legal reasoning by examining the topic through the
context of legal knowledge (epistemology). What is it to have
knowledge of legal reasoning? At a more specific level the pursuit
of this understanding is conducted through posing a number of
questions that are founded on different approaches. What has legal
reasoning been? What are the institutional and conceptual legacies
of this history? What is the literature and textual heritage? How
does it compare with medical reasoning and with reasoning in the
humanities? Can it be demystified? In exploring these questions
Samuel suggests a number of frameworks that offer some new insights
into the nature of legal reasoning. The author also puts forward
two key ideas. First, that the legal notion of an '?interest?'
might perhaps be a very suitable artefact for rethinking legal
reasoning; and, secondly, that fiction theory might be the most
viable ?'epistemological attitude?' for understanding, if not
rethinking, reasoning in law. This book will be of great interest
to academics who are researching legal method and legal reasoning,
as well as epistemology of the social sciences and aspects of
comparative law. It will also be an insightful text for those
interested in legal history and historical perspectives on legal
reasoning.
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