Demystifying Legal Reasoning (Cambridge Introductions to Philosophy and Law)
by Larry Alexander (Author)
Publisher: Cambridge University Press; 1st edition (18 Sept. 2008)
Language: English
Paperback: 262 pages
ISBN-10: 0521703956
ISBN-13: 9780521703956
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Book Description
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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