This guide to legal thinking is aimed at law students and upper-level graduates. It is also an original presentation of key legal concepts that researchers and lawyers will find interesting. It covers topics such as rules, jurisprudence, authority, analogical thinking, common law, interpretation of laws, legal realism, judicial decisions, legal facts, and the burden of proof. Frederick Schauer, discussing whether legal thinking is differentiated, emphasizes the formality and rule-dependence of the law. When the words of a law are taken seriously, when a rule is followed even if it does not produce the best outcome, when the existence of a previous decision is treated as a reason to reach the same decision again, or when reliance is placed on authoritative sources, the law embodies values that go beyond merely achieving the best decision for a particular circumstance or dispute. Consequently pursuing goals such as stability, predictability, and the limitation of individual decision-makers' idiosyncrasies, the law uses forms of thinking that may not be unique to it but are clearly dominant in the legal decision-making process. Schauer's analysis of what makes legal thinking special will serve as a valuable guide for students while also challenging a wide range of current academic theories.
Manufacturer
- Author
- Frederick Schauer
- Publisher
- Harvard University Press
- Type
- Fair - Rights
- Language
- English
- Cover
- Soft
- Number of Pages
- 256
- Publication Date
- 2012
- Dimensions
- 14x21 cm
- ISBN-13
- 9780674062481
Important information
Specifications are collected from official manufacturer websites. Please verify the specifications before proceeding with your final purchase. If you notice any problem you can report it here.