Legal Reasoning
Legal Reasoning by Melvin A. Eisenberg, published by Cambridge University Press on September 29, 2022, offers an insightful exploration into the principles that underpin the common law. This new edition, comprising 180 pages, delves into the rules governing relationships between individuals, such as torts and contracts, while explaining the various modes of reasoning employed by courts in the application of common law.
Readers will find a thorough analysis of how courts utilize binding precedents, authoritative sources, and analogical reasoning in their decisions. The book also discusses the importance of logic, deduction, and sound judgment in legal reasoning, providing full descriptions of illustrative cases to enhance understanding. This resource is designed for those seeking a practical grasp of legal reasoning, making it relevant for students and practitioners in the fields of law and jurisprudence.
Official synopsis Publisher
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
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