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2022
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.
Tom Frost +3 more
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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.
Tom Frost +3 more
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2012
AbstractThe legal profession has long claimed that there are process-based differences between legal reasoning—that is, the thinking and reasoning of lawyers and judges—and the reasoning of those without legal training. Whether those claims are sound, however, is a subject of considerable debate.
Barbara A. Spellman, Frederick Schauer
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AbstractThe legal profession has long claimed that there are process-based differences between legal reasoning—that is, the thinking and reasoning of lawyers and judges—and the reasoning of those without legal training. Whether those claims are sound, however, is a subject of considerable debate.
Barbara A. Spellman, Frederick Schauer
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2005
Abstract When we talk about “reasoning,” we are never entirely clear about whether we mean to refer to internal mental processes or to public argument and justification. Lawyers argue conflicting points of view. Judges decide disputes and write opinions justifying their decisions in light of the prevailing legal sources (statutes, cases,
George P Fletcher, Steve Sheppard
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Abstract When we talk about “reasoning,” we are never entirely clear about whether we mean to refer to internal mental processes or to public argument and justification. Lawyers argue conflicting points of view. Judges decide disputes and write opinions justifying their decisions in light of the prevailing legal sources (statutes, cases,
George P Fletcher, Steve Sheppard
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Legal Reasoning and Legal Integration
Maastricht Journal of European and Comparative Law, 2003According to Legrand, harmonization of European private law by means of a European Civil Code would not work, because of the different legal cultures (mentalités) within which such a code would have to operate. In the civil law tradition, legal reasoning on the basis of such a code would be deductive in the sense of the application of rules that are ...
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2006
Legal reasoning has several aspects. On the one hand it is necessary to determine which rules can play a role in legal arguments, which rules are legal rules. The formal sources of law, such as legislation, treaties and case law, play a central role in this connection.
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Legal reasoning has several aspects. On the one hand it is necessary to determine which rules can play a role in legal arguments, which rules are legal rules. The formal sources of law, such as legislation, treaties and case law, play a central role in this connection.
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1993
Abstract Many of the Realists’ writings were devoted to the questions of how lawyers and judges should think about and seek to resolve cases. In retrospect, their reflections on those matters seem to fall into two categories: criticisms of what the Realists took to be the then-dominant style of reasoning, and suggestions as to how ...
William W Fisher +2 more
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Abstract Many of the Realists’ writings were devoted to the questions of how lawyers and judges should think about and seek to resolve cases. In retrospect, their reflections on those matters seem to fall into two categories: criticisms of what the Realists took to be the then-dominant style of reasoning, and suggestions as to how ...
William W Fisher +2 more
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1996
Abstract Does law have special forms of logic? Does it offer a distinctive form of reasoning? To both questions, the simplest answer is no. The forms of logic and reasoning in law are entirely familiar—the same forms as else-where. But the simplest answer is too simple.
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Abstract Does law have special forms of logic? Does it offer a distinctive form of reasoning? To both questions, the simplest answer is no. The forms of logic and reasoning in law are entirely familiar—the same forms as else-where. But the simplest answer is too simple.
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Argumentation in Legal Reasoning
2009A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning.
Bench Capon T. +2 more
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Abstract The essay is divided into two parts. The first part offers a critical reconstruction of the most influential conceptions of legal reasoning in the civil law world over the last two centuries. Beginning with the eighteenth-century doctrine of legal syllogism, the essay focuses on the formalist and anti-formalist accounts of ...
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2005
Legal Reason describes and explains analogical reasoning, the distinctive feature of legal argument. It challenges the prevailing view that analogical reasoning is a logically flawed, defective form of deductive reasoning. Drawing on work in epistemology and cognitive psychology, the book shows that analogical reasoning in the law is the same as that ...
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Legal Reason describes and explains analogical reasoning, the distinctive feature of legal argument. It challenges the prevailing view that analogical reasoning is a logically flawed, defective form of deductive reasoning. Drawing on work in epistemology and cognitive psychology, the book shows that analogical reasoning in the law is the same as that ...
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