Legal Reasoning
About this book
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
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Information
Table of contents
- Cover
- Half-title page
- Title page
- Copyright page
- Dedication
- Contents
- Preface
- 1 A Brief Introduction to the Common Law
- 2 Rule-Based Legal Reasoning
- 3 Reasoning from Precedent and the Principle of Stare Decisis
- 4 How It Is Determined What Rule a Precedent Establishes
- 5 Reasoning from Authoritative Although Not Legally Binding Rules
- 6 The Role of Moral, Policy, and Empirical Propositions in Legal Reasoning, and the Judicial Adoption of New Legal Rules Based on Social Propositions
- 7 Legal Rules, Principles, and Standards
- 8 The Malleability of Common Law Rules
- 9 Hiving Off New Legal Rules from Established Legal Rules, Creating Exceptions to Established Rules, and Distinguishing
- 10 Analogy-Based Legal Reasoning
- 11 The Roles of Logic, Deduction, and Good Judgment in Legal Reasoning
- 12 Reasoning from Hypotheticals
- 13 Overruling
- Acknowledgments
- Index