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Beyond Legal Reasoning: a Critique of Pure Lawyering (Hardcover)
Loot Price: R3,735
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Beyond Legal Reasoning: a Critique of Pure Lawyering (Hardcover)
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The concept of learning to 'think like a lawyer' is one of the
cornerstones of legal education in the United States and beyond. In
this book, Jeffrey Lipshaw provides a critique of the traditional
views of 'thinking like a lawyer' or 'pure lawyering' aimed at
lawyers, law professors, and students who want to understand
lawyering beyond the traditional warrior metaphor. Drawing on his
extensive experience at the intersection of real world law and
business issues, Professor Lipshaw presents a sophisticated
philosophical argument that the "pure lawyering" of traditional
legal education is agnostic to either truth or moral value of
outcomes. He demonstrates pure lawyering's potential both for
illusions of certainty and cynical instrumentalism, and the
consequences of both when lawyers are called on as dealmakers,
policymakers, and counsellors. This book offers an avenue for
getting beyond (or unlearning) merely how to think like a lawyer.
It combines legal theory, philosophy of knowledge, and doctrine
with an appreciation of real-life judgment calls that
multi-disciplinary lawyers are called upon to make. The book will
be of great interest to scholars of legal education, legal language
and reasoning as well as professors who teach both doctrine and
thinking and writing skills in the first year law school
curriculum; and for anyone who is interested in seeking a
perspective on 'thinking like a lawyer' beyond the litigation
arena.
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