Beyond Legal Reasoning

Author : Jeffrey Lipshaw
Publisher : Routledge
ISBN 13 : 1315410796
Total Pages : 300 pages
Book Rating : 4.91/5 ( download)

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Download or read book Beyond Legal Reasoning: a Critique of Pure Lawyering written by Jeffrey Lipshaw and published by Routledge. This book was released on 2017-03-27 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jeffrey M. Lipshaw
Publisher : Routledge
ISBN 13 : 9781315410814
Total Pages : 170 pages
Book Rating : 4.18/5 ( download)

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Download or read book Beyond Legal Reasoning written by Jeffrey M. Lipshaw and published by Routledge. This book was released on 2017 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Cass R. Sunstein
Publisher : Oxford University Press
ISBN 13 : 0195353498
Total Pages : 233 pages
Book Rating : 4.95/5 ( download)

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Download or read book Legal Reasoning and Political Conflict written by Cass R. Sunstein and published by Oxford University Press. This book was released on 1998-02-26 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.

Author : Jeffrey Lipshaw
Publisher : Taylor & Francis
ISBN 13 : 131541080X
Total Pages : 189 pages
Book Rating : 4.07/5 ( download)

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Download or read book Beyond Legal Reasoning: a Critique of Pure Lawyering written by Jeffrey Lipshaw and published by Taylor & Francis. This book was released on 2017-03-27 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Kevin D. Ashley
Publisher : MIT Press (MA)
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.97/5 ( download)

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Download or read book Modeling Legal Argument written by Kevin D. Ashley and published by MIT Press (MA). This book was released on 1990 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Modeling Legal Argument "provides a comprehensive treatment of case-based reasoning and a detailed description of a computer program called Hypo, that models the way attorneys argue with cases, real and hypothetical. The program offers significant advantages over "keyword" case retrieval systems in the legal field and demonstrates how to design expert systems that assist the user by presenting reasonable alternative answers on all sides of an issue and by citing case examples to explain their advice.Hypo analyzes problem situations dealing with trade secrets disputes, retrieves relevant legal cases from its database and fashions them into reasonable legal arguments about who should win. The arguments demonstrate the program's ability to reason symbolically with past cases, to draw factual analogies between cases, to cite them in arguments, to distinguish them, and to pose counter-examples and hypotheticals based on past cases."Modeling Legal Argument "discusses the law as a paradigm of case-based argument, introduces Hypo and its adversarial reasoning process, provides an overview of the Hypo program, and gives extended examples of the model's reasoning capabilities. It describes the case knowledge base, a dimensional index, basic mechanisms of case-based reasoning, and offers a theory of case-based argument in Hypo. Ashley evaluates Hypo's performance and takes up adversarial case-based reasoning beyond the law and extensions of the Hypo model.Kevin D. Ashley is a Research Scientist at the Learning Research an Development Center and Assistant Professor of Law at the University of Pittsburgh. "Modeling Legal Argument is "included in the Artificial Intelligence and Legal Reasoning series, edited by L. Thorne McCarty and Edwina L. Rissland.

Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
ISBN 13 : 1784712612
Total Pages : 368 pages
Book Rating : 4.17/5 ( download)

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Download or read book Rethinking Legal Reasoning written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘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?

Author : Whitley R. P. Kaufman
Publisher : Springer Nature
ISBN 13 : 303143868X
Total Pages : 167 pages
Book Rating : 4.84/5 ( download)

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Download or read book Beyond Legal Positivism written by Whitley R. P. Kaufman and published by Springer Nature. This book was released on 2023-10-28 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Positivism has been the dominant school of legal philosophy for much of the last century, despite its many critics. Its central tenet has long been that there is no necessary connection between law and morality. This book provides a broad but clear and jargon-free account of the central objections to the theory and why those objections are sufficient to show that legal positivism is no longer tenable. This includes a broad critique of the purported distinction method of legal positivism, the idea of ‘conceptual analysis,’ as well as a detailed assessment of the most influential of all legal positivist theories, that of H.L.A. Hart. The book also provides a defense of the natural law school, which holds in contrast to legal positivism that the authority of law arises from its intrinsic connection to morality. The author demonstrates that most of the criticism of the natural law school arises from a caricatured account of that doctrine, for instance the idea that it requires substantive theological commitments or particular conceptions of human nature. In contrast, the author presents an account of natural law theory that is grounded in a commitment to moral truth, but not to any theological beliefs. The nature of law can only be understood in terms of its moral function, to provide a clear set of moral rules that are required for a society to function effectively.

Author : Richard O. Brooks
Publisher :
ISBN 13 :
Total Pages : 15 pages
Book Rating : 4.91/5 ( download)

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Download or read book Beyond advocacy and towards justice written by Richard O. Brooks and published by . This book was released on 1972 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Robin Wellford Slocum
Publisher :
ISBN 13 : 9781422481561
Total Pages : 0 pages
Book Rating : 4.65/5 ( download)

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Download or read book Legal Reasoning, Writing, and Other Lawyering Skills written by Robin Wellford Slocum and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of: Legal reasoning, writing, and persuasive argument. c2006.

Author : Larry Alexander
Publisher : Edward Elgar Publishing
ISBN 13 : 1789903157
Total Pages : 233 pages
Book Rating : 4.57/5 ( download)

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Download or read book Advanced Introduction to Legal Reasoning written by Larry Alexander and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.