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  1. Home
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  3. Demystifying Legal Reasoning
  • Cited by 48
Publisher:
Cambridge University Press
Online publication date:
June 2012
Print publication year:
2008
Online ISBN:
9781139167420
DOI:
https://doi.org/10.1017/CBO9781139167420
Subjects:
Law: General Interest, Law, Philosophy, Political Philosophy
Series:
Cambridge Introductions to Philosophy and Law
Information

Book description

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.

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