Demystifying Legal Reasoning

Larry Alexander (University of San Diego School of Law),Emily Sherwin

Demystifying Legal Reasoning
Format
Paperback
Publisher
Cambridge University Press
Country
United Kingdom
Published
25 August 2008
Pages
264
ISBN
9780521703956

Demystifying Legal Reasoning

Larry Alexander (University of San Diego School of Law),Emily Sherwin

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 practise special forms of reasoning is false.

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