Description
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.
- discussion 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.
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.
About the Author
Larry Alexander, Warren Distinguished Professor of Law, University of San Diego School of Law and Emily Sherwin, Frank B. Ingersoll Professor of Law, Cornell Law School, US
Reviews
'In an eminently lucid book, Alexander and Sherwin argue that legal reasoning is just not special or distinct. Whether or not one agrees with their claim, no one reading their wonderful and engaging book can escape the conclusion that their reasoning, and their book, are quite special. Perhaps their book could have been called ''Advanced Introduction to Reasoning''.' -- Saikrishna Bangalore Prakash, University of Virginia, US
'Building on their previous and highly influential work, Alexander and Sherwin go well beyond what they have said before to offer an analysis of legal reasoning that not only introduces the subject, but also makes important cutting-edge academic contributions to our understanding of legal interpretation, rules, precedent, and the very functions of law.' -- Frederick Schauer, University of Virginia, US
Book Information
ISBN 9781789903164
Author Larry Alexander
Format Paperback
Page Count 200
Imprint Edward Elgar Publishing Ltd
Publisher Edward Elgar Publishing Ltd