Demystifying Legal Reasoning
Demystifying Legal Reasoning
ISBN: 9780521703956
出版社: Cambridge University Press
出版年: 2008-6-16
页数: 264
定价: USD 29.99
装帧: Paperback
内容简介
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.