Those students potentially interested in applying to law school will especially benefit from this course, as it introduces several of the basic themes and analytical tools of the law school curriculum. Generally speaking, legal reasoning corresponds to thinking like a lawyer, but many interpretations have been attributed to this latter phrase james, 2012. Legal reasoning in this section we examine three forms of legal reasoning which are used by lawyers and judges in the common law. An introduction to legal reasoning, which updates the first edition published in 1996. It has followed certain criteria or rules which applied in.
In order to fully understand legal reasoning, the language of the law would first be highlighted, there would be definition of some key terms and finally, the different methods of legal reasoning would be discussed. Legal aptitude answers are highlighted in bold letters questions from law entrance examinations conducted by various law schools and law colleges are included 1. Most discussions of legal reasoning and legal argument, including much of this book, tend to focus a great deal on law and not very much on facts. Laws are often written in a way that makes them difficult to understand. Legal reasoning in the case of a courts ruling is found in the discussion or analysis section of the judicial ruling. Introduction to law and legal reasoning flashcards. The theoretical background will provide the basis upon which students will learn to construct effective legal arguments and to practice the skills learned in a. What is legal reasoning and how to apply it correctly.
Law students, law professors, and lawyers frequently refer to the process of thinking like a lawyer, but attempts to analyze in any systematic way what is meant by that phrase are rare. Business activities and the legal environment the text presents and illustrates an example of how various areas of the law can affect a business decision such as whether to enter into a contract. For example, sanson 2006 developed a narrow and broad definition of the phrase to think like a lawyer. The aim of most reasoning, including legal reasoning is to persuade. An introduction to legal reasoning chicago unbound university. This primer on legal reasoning is aimed at law students and upperlevel undergraduates.
It is here that the court gives reason for its legal ruling, and it helps other courts, lawyers and judges to use and. This article deals with the relation between a theory of law and a theory of legal reasoning. Aug 05, 2016 legal reasoning is a method of thought and argument used by lawyers and judges when applying legal rules to specific interactions among legal persons. To answer the question, the deal lawyer must analyze the goal from both a. The other part is called legal knowledge where direct law based questions are asked just like gk, but this will be gk of law. Invaluable for law students and practicing lawyers, the book will also effectively interpret legal thinking for lay readers seeking a better. A new introduction to legal reasoning thinking like a lawyer. Legal reasoning, to keep it simple, is one of the two parts of the legal aptitude section. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. A new introduction to legal reasoning harvard university press, 2009 schauers text is described as a primer on legal reasoning written for law students. Frederick schauer asks the reader to consider what it is to think. This is chapter five of the second edition of thinking like a lawyer. Many of the chapters in the book are concerned with the traditional first year topics. It should be enlightening to the general reader as well, who will learn what, for better and perhaps for worse, distinguishes thinking like a lawyer from other approaches to analyzing social problems.
While particularly relevant to the tasks of lawyers and judges, the requirements of legal reasoning also affect the legislator because addition of new rules or modification of existing ones needs to be. If the lawyer provides the wrong law, she can lose the case or the legal analysis, even if in the cosmos she should have won ie. Legal reasoning is uniquely important as no entrant studies law before entering a law school. A prior knowledge of some legal principles and their correct application is necessary to solve legal reasoning questions. Pages in category legal reasoning the following 38 pages are in this category, out of 38 total. This paper describes a model of legal reasoning and a logic for reasoning with rules, principles and goals that is especially suited to this model of legal reasoning. A new introduction to legal reasoning, professor frederick schauer teaches law students that american legal methods often require decisionmakers. Vandeveldes thinking like a lawyer first published, it became an instant classic, considered by many to be the gold standard introduction to legal reasoning. But it is also an original exposition of basic legal concepts that scholars. The standard treatments assume that the interesting issues in donoghue v. Bertea, law and legal reasoning, northern ireland legal quarterly 59, 2008, 419 has espoused since his seminal work on legal reasoning, and this is the thesis by w hich a.
The goal of the book is to describe in a systematic and rigorous way the process by which lawyers use rules, policies, and facts to construct arguments about the rights and duties that. Legal reasoning is a reasonable reasoning before the decision had been made. An introduction to legal reasoning chicago unbound. The rule of law requires that similar cases should be decided similarly, that each case should be decided on its merits, and that decisionmaking processes should comply with applicable rules of procedure and evidence. The rule of law requires that similar cases should be decided similarly, that each case should be decided on. To help you learn and then master the skills of legal reasoning and writing, this book emphasizes the process of legal reasoning and writing, from.
The first part describes a model of legal reasoning based on. Legal reasoning, on the other hand, has questions where you are given a set of facts and a principle. Legal rules, legal reasoning, and nonmonotonic logic by adam. Legal reasoning and legal theory revisited springerlink. This legal language gives us the tools to tell the difference between impartial and partisan legal decisions. This course aims to develop the cognitive, critical reasoning, analytical and legal discourse skills of students by exposing students to wellreasoned case law and judgments in a wideranging set of diverse disciplines, utilizing the socratic mode of dialogue. In logical reasoning, as assumption that if two things are similar in some respects, they will be similar in other respects also. Thinking like a lawyer an introduction to legal reasoning taylor. The interaction between language and the law 2010 15. It neither assumes too much legal knowledge nor condescends to its readers. An overarching question is whether legal reasoning is predominantly backwardlooking, or whether it is characteristically forwardlooking as well.
Legal reasoning is reasoning by example from case to case. Legal rules, legal reasoning, and nonmonotonic logic by. Like learning to play a musical instrument, you will become expert at legal writing by practicing the more you practice, the more accomplished you will become. Writers on the subject of legal reasoning have typically viewed legal rules as much more complex than the rules of chess because of the broad universe that the law occupies. Apr 01, 2009 the book title, thinking like a lawyer, is a bit misleading on that point. Chapter 1 argumentation in legal reasoning trevor benchcapon and henry prakken and giovanni sartor 1. Legal reasoning is all about thinking like a lawyer in a given situation. It is also explained that ethics can influence business decisions. A new introduction to legal reasoning by professor frederick. Lecturer, faculty of law, university of sydney, sydney. Levi really simplifies the science of legal reasoning in a nice easy to remember mantra of reasoning by example.
Critical and legal reasoning lw640 modules university. Usually, something lawrelated, hopefully providing something a little more fun and interesting than the text, which can get rather dry at times. Logic and reasoning institute at james madison university 9,901 views. Thinking like a deal lawyer 225 closing date if the car has been driven more than an additional 500 miles. A new introduction to legal reasoning harvard university press, 2009.
It is important that the mechanism of legal reasoning should not be concealed by its pretense. Good practice guide bachelor of laws thinking skills. Often used in legal reasoning to infer the appropriate application of legal principles in a case being decided by referring to previous cases involving different facts but considered to come within the policy underlying rule. Introduction the rule of law rests on the quality of legal reasoning. Additionally, i like to provide a comic at the beginning of each chapter. Rigoni a dissertation submitted in partial fulfillment of the requirements for the degree of doctor of philosophy philosophy in the university of michigan 2014 doctoral committee. The scientific study of law jurisprudence firs t started among a romans b greeks. He tracks the development of case law, statutory interpretation, and constitutional law through this theory and provides a nice foundation for attacking legal problems. Although the pretense is that legal reasoning consists of the application of a system of known rules to particular sets of facts, the reality is that legal reasoning consists of a process of determining differences and similarities between the case at hand and previous cases. In logical reasoning, an assumption that if two things are similar in some respects, they will be similar in other respects also. In his classic primer on legal reasoning, thinking like a lawyer.
Lev, this i is an attempt to describe generally the process of legal reasoning in the field of case law and in the interpretation of statutes and of the constitution. In this section, we learn about these tools and practice using them creatively. The first step in effective legal reasoning is the ability to read a legal rule such as an article in a code and figure out how it works. It occurs because the scope of a rule of law, and therefore its meaning, depends upon a determination of what facts will be considered similar to those present. To me not a lawyer but with some nexus to law, this book is not too hard to read, but i can tell that many points would not be easily understood without any legal experience. Introduction to law and legal reasoning test bank new. The first part describes a model of legal reasoning based on a twolayered view of the law. The goal of the book is to describe in a systematic and rigorous way the process by which lawyers use rules, policies, and facts to construct arguments about the rights and duties that they believe a court would find to exist in a given situation. Often used in legal reasoning to infer the appropriate application of legal principles in a case being decided by referring to previous cases involving different facts buy considered to come within the policy underlying rule. The module will therefore introduce students to the skills of legal persuasion via written and oral advocacy. Think like a lawyer using a legal reasoning grid and. Reasoning by analogy until it is established what resemblances and differences are relevant, treat like cases alike must remain an empty form.
Studying law is not primarily about learning a bunch of legal rules, the law schools insist, for law has far more rules than can be taught in three years of legal education. Legal reasoning legal reasoning is the particular method of arguing used when applying legal rules to particular interactions among legal persons. The law has mistakes in it, so the lawyer has to cite the law that exists and then provide some sort of annotation that explains why its a mistake. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial. Legal rules, legal reasoning, and nonmonotonic logic by adam w. Legal reasoning and approach to problems the jet lawyer. An introduction to legal reasoning, second edition by kenneth j. The book title, thinking like a lawyer, is a bit misleading on that point.
Legal reasoning required us to consider the criteria beyond those imposed by the strict necessity of logic. What legal reasoning is, and why it matters legal reasoning is the way lawyers and judges talk publicly about the law. Both practical and sophisticated, thinking like a lawyer avoids the pitfalls common to most books on legal reasoning. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. Inductive, deductive reasoning and reasoning by analogy. Pdf an introduction to legal reasoning download full. As the text states, common law includes some aspects of statutory and case law dating back prior to the american revolution. The character oflegal reasoning 735 distance in the almost 250 years since blackstone spoke ofthe garden ofthe common law, bounded by a protective hedge and characterized by gradual growth and change. Thinking like a lawyer is by far the best available introduction to legal reasoning, of interest to law students and their teachers alike. Harts the concept of law, it claims that a theory of law like harts requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. Law students, law professors, and lawyers frequently refer to the process of thinking like a lawyer, but attempts to analyze in any systematic. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.
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