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Demystifying Legal Reasoning

Demystifying Legal Reasoning

Paperback

Series: Cambridge Introductions to Philosophy and Law

Philosophy

ISBN10: 0521703956
ISBN13: 9780521703956
Publisher: Cambridge
Published: Jun 16 2008
Pages: 264
Weight: 0.80
Height: 0.60 Width: 5.90 Depth: 8.90
Language: English
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practice special forms of reasoning is false.

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Philosophy