Demystifying Legal Reasoning (Cambridge Introductions to Philosophy and Law)

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 practice special forms of reasoning is false.

Politics & Social Sciences

Sherwin, Emily

Alexander, Larry

Philosophy

Cambridge University Press

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 practice special forms of reasoning is false.

Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.

The Rule of Rules: Morality, Rules, and the Dilemmas of Law

Ethics & Professional Responsibility

Duke University Press Books

Ames, Chafee, and Re on Remedies includes materials assembled by James Barr Ames, Zechariah Chafee, and Edward D. Re, as well as a substantial number of new cases and materials assembled by the current editors. A successor to Re and Re on Remedies, this title covers: Damages Equity Restitution Punitive damages Remedial defenses Collection Attorneys’ fees For the principal subject matter, each subject includes a brief chapter on history and one or more chapters on modern doctrine. The emphasis throughout is on private law and common-law decision making, with empirical material on application of remedies interspersed.

Ames, Chafee, and Re on Remedies: Cases and Materials (University Casebook)

Eisenberg, Theodore

Re, Joseph

Rules & Procedures

Foundation Press

This casebook explores the law of remedies, and several features distinguish it from other leading casebooks. This book treats equity as a vital part of modern law. It has extensive coverage of unjust enrichment and restitution. It makes ample use of historical and empirical materials. And the book uses the pedagogically innovative technique of illustrating many remedial principles in both a tort context and a contract context. Although there is somewhat more emphasis on private law in this book, the latest edition includes a new chapter on "Remedies Against the Government," which introduces suits against government officers, Bivens, qualified immunity, and structural injunctions. The book is named for three of the previous editors: James Barr Ames, Zechariah Chafee, Jr., and Edward D. Re.

Ames, Chafee, and Re on Remedies, Cases and Materials (University Casebook Series)

Bray, Samuel

This casebook explores the law of remedies, and several features distinguish it from other leading casebooks. This book treats equity as a vital part of modern law, and its coverage of restitution is extensive and clearly organized. The book also employs the pedagogically useful technique of illustrating many remedial principles in both a tort context and a contract context. In this edition, there is a more systematic presentation of equity, and there are new chapters on accounting for profits, constructive trust, equitable compensation, statutory damages, and declaratory judgments. The book is named for three of the previous editors: James Barr Ames, Zechariah Chafee, Jr., and Edward D. Re.

This casebook explores the law of remedies, and several features distinguish it from other leading casebooks. This book treats equity as a vital part of modern law, and its coverage of restitution is extensive and clearly organized. The book also employs the pedagogically useful technique of illustrating many remedial principles in both a tort context and a contract context. In this edition, there are new “Analysis” notes guiding students through the main points of most of the cases. Many other notes are refined and some cases are updated, and the chapters on punitive damages and the declaratory judgment are systematically revised. The book is named for three of the previous editors: James Barr Ames, Zechariah Chafee, Jr., and Edward D. Re.

Advanced Introduction to Legal Reasoning (Elgar Advanced Introductions series)

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. <ul> <li>discussion and analysis of the interpretive methods used in legal decision-making</li> <li>guidance for the reader through the debates on analogical reasoning and construction of legal principles</li> <li>a defense of intention-based interpretation of legal rules and natural reasoning in law.</li> <li style="list-style: none">This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges.</li> </ul>

Criminal Law

Edward Elgar Publishing

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.\nThis insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.\ndiscussion and analysis of the interpretive methods used in legal decision-making 
guidance for the reader through the debates on analogical reasoning and construction of legal principles 
a defense of intention-based interpretation of legal rules and natural reasoning in law.\nThis Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges.

See the best price to sell, buy, or rent books by Sherwin, Emily. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Sherwin, Emily

See the best price to sell, buy, or rent books by Sherwin, Emily. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Demystifying Legal Reasoning (Cambridge Introductions to Philosophy and Law)

Demystifying Legal Reasoning (Cambridge Introductions to Philosophy and Law)

The Rule of Rules: Morality, Rules, and the Dilemmas of Law

Ames, Chafee, and Re on Remedies: Cases and Materials (University Casebook)

Ames, Chafee, and Re on Remedies, Cases and Materials (University Casebook Series)

Ames, Chafee, and Re on Remedies, Cases and Materials (University Casebook Series)

Ames, Chafee, and Re on Remedies, Cases and Materials (University Casebook Series)

Advanced Introduction to Legal Reasoning (Elgar Advanced Introductions series)

Advanced Introduction to Legal Reasoning (Elgar Advanced Introductions series)