Book contents
- Legal Reasoning
- Legal Reasoning
- Copyright page
- Dedication
- Contents
- Preface
- 1 A Brief Introduction to the Common Law
- 2 Rule-Based Legal Reasoning
- 3 Reasoning from Precedent and the Principle of Stare Decisis
- 4 How It Is Determined What Rule a Precedent Establishes
- 5 Reasoning from Authoritative Although Not Legally Binding Rules
- 6 The Role of Moral, Policy, and Empirical Propositions in Legal Reasoning, and the Judicial Adoption of New Legal Rules Based on Social Propositions
- 7 Legal Rules, Principles, and Standards
- 8 The Malleability of Common Law Rules
- 9 Hiving Off New Legal Rules from Established Legal Rules, Creating Exceptions to Established Rules, and Distinguishing
- 10 Analogy-Based Legal Reasoning
- 11 The Roles of Logic, Deduction, and Good Judgment in Legal Reasoning
- 12 Reasoning from Hypotheticals
- 13 Overruling
- Acknowledgments
- Index
7 - Legal Rules, Principles, and Standards
Published online by Cambridge University Press: 22 September 2022
- Legal Reasoning
- Legal Reasoning
- Copyright page
- Dedication
- Contents
- Preface
- 1 A Brief Introduction to the Common Law
- 2 Rule-Based Legal Reasoning
- 3 Reasoning from Precedent and the Principle of Stare Decisis
- 4 How It Is Determined What Rule a Precedent Establishes
- 5 Reasoning from Authoritative Although Not Legally Binding Rules
- 6 The Role of Moral, Policy, and Empirical Propositions in Legal Reasoning, and the Judicial Adoption of New Legal Rules Based on Social Propositions
- 7 Legal Rules, Principles, and Standards
- 8 The Malleability of Common Law Rules
- 9 Hiving Off New Legal Rules from Established Legal Rules, Creating Exceptions to Established Rules, and Distinguishing
- 10 Analogy-Based Legal Reasoning
- 11 The Roles of Logic, Deduction, and Good Judgment in Legal Reasoning
- 12 Reasoning from Hypotheticals
- 13 Overruling
- Acknowledgments
- Index
Summary
The common law consists of legal rules, principles, and standards. Common law legal rules are relatively specific legal norms that require actors to act or not act in a specified way, enable or disable specified types of arrangement, or set remedies for specific wrongs. In contrast, legal principles are relatively general legal norms. Because of their generality, legal principles can generate, explain, and justify legal rules, while, because of their specificity, legal rules normally cannot generate, explain, or justify either legal principles or other legal rules. And because of their specificity, most legal rules can determine cases with little or no elaboration. In contrast, most legal principles must be elaborated to determine cases. As used in the common law, the term standard has three different meanings: it may be used as a collective noun that includes all legal norms; it may be used to mean extremely general legal norms; or it may refer to legal rules that are not applicable at the time they are adopted because they are designed to be further elaborated, usually by administrative agencies.
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- Legal Reasoning , pp. 60 - 63Publisher: Cambridge University PressPrint publication year: 2022