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Legal Reasoning Melvin A. Eisenberg (University of California, Berkeley)

Legal Reasoning By Melvin A. Eisenberg (University of California, Berkeley)

Legal Reasoning by Melvin A. Eisenberg (University of California, Berkeley)


$89.86
Condition - Very Good
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Summary

Legal Reasoning concerns the modes of reasoning utilized in the common law, which is made by courts and consists of the rules that govern the relations between individuals, such as contracts. The book is addressed to legal scholars, law students, pre-law students, and the general public.

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Legal Reasoning Summary

Legal Reasoning by Melvin A. Eisenberg (University of California, Berkeley)

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.

Legal Reasoning Reviews

'In Legal Reasoning, Melvin Eisenberg has produced a short but quite comprehensive and readable overview of the forms of reasoning employed by lawyers and judges, with copious examples drawn from the author's encyclopedic knowledge of the common law.' Larry Alexander, Warren Distinguished Professor, University of San Diego School of Law
'Mel Eisenberg, long regarded as one of America's most distinguished jurists, has produced an illuminating overview of the Common Law. Legal Reasoning is beautifully structured, briskly argued, and gracefully illustrated with dozens of cases. The case method in tort, property, and contract sometimes gives the impression of just one damn thing after another. But Common Law really comes to life in these pages, as Professor Eisenberg makes a compelling case for reconciling principled and pragmatic considerations in the woven fabric of the law.' Jeremy Waldron, University Professor, NYU School of Law

About Melvin A. Eisenberg (University of California, Berkeley)

Melvin Aron Eisenberg is Jesse H. Choper Professor of Law Emeritus, University of California, Berkeley Law School. He is the author of The Nature of the Common Law and Foundational Principles of Contract Law.

Table of Contents

Preface; 1. A brief introduction to the common law; 2. The rule-based model of 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 legal rules; 6. The role of social morality, social 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 legal rules; 9. Hiving off new legal rules, creating exceptions to established rules, and distinguishing; 10. Reasoning from analogy; 11. The roles of logic, deduction, and good judgement in legal reasoning; 12. Reasoning from hypotheticals; 13. Overruling.

Additional information

CIN1009162527VG
9781009162524
1009162527
Legal Reasoning by Melvin A. Eisenberg (University of California, Berkeley)
Used - Very Good
Hardback
Cambridge University Press
2022-09-29
180
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - Legal Reasoning