Legal reasoning / Melvin A. Eisenberg, University of California, Berkeley.
2022
K212 .E37 2022 (Mapit)
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Details
Title
Legal reasoning / Melvin A. Eisenberg, University of California, Berkeley.
Imprint
Cambridge, United Kingdom : Cambridge University Press, 2022.
Description
xiii, 117 pages ; 23 cm
Formatted Contents Note
A brief introduction to the common law
Rule-based legal reasoning
Reasoning from precedent and the principle of stare decisis
How it is determined what rule a precedent establishes
Reasoning from authoritative although not legally binding rules
The role of moral, policy, and empirical propositions in legal reasoning, and the judicial adoption of new legal rules based on social propositions
Legal rules, principles, and standards
The malleability of common law rules
Hiving off new legal rules from established legal rules, creating exceptions to established rules, and distinguishing
Analogy-based legal reasoning
The roles of logic, deduction, and good judgment in legal reasoning
Reasoning from hypotheticals
Overruling.
Rule-based legal reasoning
Reasoning from precedent and the principle of stare decisis
How it is determined what rule a precedent establishes
Reasoning from authoritative although not legally binding rules
The role of moral, policy, and empirical propositions in legal reasoning, and the judicial adoption of new legal rules based on social propositions
Legal rules, principles, and standards
The malleability of common law rules
Hiving off new legal rules from established legal rules, creating exceptions to established rules, and distinguishing
Analogy-based legal reasoning
The roles of logic, deduction, and good judgment in legal reasoning
Reasoning from hypotheticals
Overruling.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Call Number
K212 .E37 2022
Language
English
ISBN
1009162527
9781009162524
1009162500
9781009162500
9781009192774 (PDF ebook)
9781009162517 (ebook)
9781009162524
1009162500
9781009162500
9781009192774 (PDF ebook)
9781009162517 (ebook)
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