An Introduction to Legal Reasoning (Phoenix Books)

Book Description

This volume will be of interest and value to students of logic, ethics, and political philosophy, as well as to members of the legal profession and to everyone concerned with problems of government and jurisprudence. By citing a large number of cases, the author makes his presentation of the processes of judicial interpretation particularly lucid.

Customer Reviews:

Not Quite an Introduction.......2007-06-16

While Levi clarifies much that's uncertain about legal interpretation, I don't recommend this book for those with no previous studies in law. If you must read it -- and there ARE rewards from doing so -- be sure to have a law dictionary at hand.

Besides using legal terms that aren't explained, Levi's prose is so dense as to be almost unreadable, but worse, it lacks anything resembling clarity. He often barges straight in to lengthy analyses of concepts without explaining the basic terms he uses or even why they're relevant; these must be induced from the text while reading. Since Levi is usually demonstrating through examples how concepts change over time, however, it's difficult to pin down what the concept means at any one point, before Levi has already jumped ahead to the next point without explaining either.

It's also highly recommended that you look up the cases Levi cites, since his quotations from judges rarely contain enough critical information to piece together the actual concept involved. Finding the original and just reading the parts that he replaced with ellipses add an infinite degree of clarity.

Helpful.......2006-06-20

I found this book to be helpful but somewhat basic. I is outlined nicely and is easy to follow. Good future reference. Recommend to students.

A Great Read.......2006-01-07

I appreciate Edward Levi's attention to detail. This book definitely goes beyond the standard textbook in terms of putting together a guide that is both interesting to read and informative. I'd recommend it to anybody in my situation, planning to attend law school, or even to practicing attorneys in need of a handy, compact reference guide to the basics.

Law of the land.......2005-04-01

The power to determine the law of the land resides within every citizen of the country by means of electing the officials they choose and the judicial system only upholds the law. The citizens of a country elect their leaders and once elected they are enshrined with the right to uphold the economic and political stability but any improper actions of a government should be corrected by means of the judicial process rather than by any political process. All differing opinions should be allowed to coexist with checks and balances as determined by the judicial system.

ambiguity made clear.......2002-08-17

Legal reasoning is famously ambiguous: there's no objective way to determine the outcome of a given case as there is with a physics problem. If you know the weight of an item and the height from which it drops, you are able to determine fairly objectively (i) the rate at which it will fall to the earth and (ii) the time it will take to fall to the earth from the point at which it is dropped. Law, unfortunately, is not so straight-forward. Understanding its assumptions is absolutely critical to developing any sort of sophisticated understanding about the ways in which law affects civilization. This book provides a broad outline of those assumptions. I suggest having at least a rudimentary background in intellectual history and political philosophy to get the most out of this book.

Learning Legal Reasoning: Briefing, Analysis and Theory (Delaney Series)

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A rare balance of wisdom and heart
Delaney's Legal Reasoning Book
Introduction to Law school
Great buy!
legal reasoning very informative

Learning Legal Reasoning: Briefing, Analysis and Theory (Delaney Series)
John Delaney
Manufacturer: John Delaney Publications
ProductGroup: Book
Binding: Paperback

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ASIN: 0960851445

Book Description

This widely used book in many printings begins with answers to forty commonly asked questions of first-year law students. It specifies a six-step approach to briefing a case with specific guidelines for accomplishing each step. The process of briefing cases is then demonstrated with excellent and poor briefs of increasing complexity. Emphasis is placed initially on the techniques of briefing as an introduction to the learning of legal reasoning, the first priority of the first year of law school.

In addition, the book also demonstrates the relevance of more advanced modes of legal reasoning, including positivist, pragmatic, policy oriented, natural-law and other perspectives applied in decoding and understanding cases. In its introduction of jurisprudential perspectives, Learning Legal Reasoning transcends the typical technical/positivist orientation of most first-year materials.

Customer Reviews:

A rare balance of wisdom and heart.......2007-10-02

I was first directed toward Mr. Delaney's work by Atticus Falcon in his work, Planet Law School II. I had not yet started law school, and felt the urgent need to learn everything there was about law BEFORE I began. I felt like a complete failure as I slogged through hornbooks and tried to do hypotheticals with no background in law or real idea of what I was getting into. The cart was definitely before the horse. When I received Delaney's book, it was one week before my first semester began, and I was a wreck. From the beginning, Delaney pulled my shoulders from around my ears, offering me reassurance, definitions and tools in clear English, with clear sympathy for my plight. It was as if he were a personal tutor, therapist and mentor, eager for my success but sensitive to my level of capability from moment to moment.

I can't say that I know what I'm doing now (I'm only a month in), but I know how to move forth without panic attacks and with enjoyment of the process, as I briefly brief cases and organize my materials into notes and outlines that I trust will help me succeed when exams finally come. Delaney's example briefs are excellent, and he gives you the opportunity to learn how to develop your own excellent style. (My only critique is that his negative examples are just too sloppy to be realistic. I hope.)

Please get this book, in order to spare you the unnecessary "hazing" stress of first semester, and to experience the joy of studying, learning and mastering a subject as interesting as the law. I also strongly recommend his second book, How to Do Your Best on Law School Exams, which you'll definitely need as well -- in it, he explains how to outline and note-take to best effect from day one. He also addresses different cognitive learning styles and how they affect your study for law exams -- where you may need to focus more substantial energy depending on your personal strengths and weaknesses.

Finally, no, I do not know the author, I'm just really grateful!

Delaney's Legal Reasoning Book.......2007-09-18

I am a 1L at a T5 and I have found Delaney's books to be very helpful. When you start to panic during law school, this book will make a nice security blanket; his book on law school exams is also very helpful.

Introduction to Law school.......2007-09-12

I thought it was a great book to help i preparing for law school - do your own brief then check your answers... However, I found that it left out one important element (that or I just didn't pick up on it) in composing a brief- the rule.

Great buy!.......2007-09-12

Great book with a lot of insightful advice. I keep it handy while case briefing. Highly recommended!

legal reasoning very informative.......2007-09-10

I read this before my first day of law school and it helped me a lot. I'd recommend it to any incoming first year.

Legal Reasoning And Legal Writing: Structure, Strategy, And Style

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Much great information and well written ( you might expect)
Excellant Introduction to legal writing style
Get Mr. Neumann's Book!
American Law the Essence of Persuasive Writing

Legal Reasoning And Legal Writing: Structure, Strategy, And Style
Richard K. Neumann
Manufacturer: Aspen Publishers
ProductGroup: Book
Binding: Paperback

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ASIN: 073554655X

Customer Reviews:

Much great information and well written ( you might expect).......2007-03-22

I guess you might expect a 5th edition book on reasoning and writing style to be well written! It is. Designed for 1st year law students, I got it becaause I am not an attny but spend a lot of time reading federal manuals and regulations with a lot of legal reaaoning beneath them, and then interpreting them and writing guidance to what they mean. Also i work in a field where cases regularly go to administrative law judges or where I get decisons back from them, and I also try to act in coordination with decisions in other jurisdictions or case that I am aware of. I found the book very useful. it actually functions as a fairly good working overview of the legal "system" - briefs, opinions, depositions, motions, claims, etc, while focusing most of the course on reasoning and writing per se. Some might might also enjoy the older 1970s book, cited by Neumann, Twining, "how to do things with rules." Books like Neumann on clear reasoning and clear writing are always useful, and this will likely improve your general writing skills as well.

Excellant Introduction to legal writing style.......2002-07-28

The text focuses on constructing proof of a conclusion of law and teaches format, style, and grammar collaterally. The goal is to help students learn how to make the
kind of writing decisions that center on the need to prove analysis. Most students have substantial difficulties learning how to construct proof. If format and style
receive primary emphasis, the problem is compounded because the student is invited to mimic the customary appearance of a document, rather than to think through its
content and inner logic. Moreover, format comes easier to students who have already learned the dynamics of proof, and legal writing's heightened requirements of
style and grammar may be easier to accept when they are explained as ways of clarifying proof. And as a skill, style is much more valuable when rewriting second and
third drafts than in producing a first draft.

Part I of the text introduces students to the court and litigation systems, the structure and operation of rules of law, judicial opinions, and methods of briefing them.
Legal writing in general is introduced in Part II. Part III explains how to write an office memorandum; organize proof of a conclusion of law; use authority; analyze
facts; and use paragraphing, style, and citations. Part IV helps students with their first law school examinations. Part V introduces the advocacy skills of theory
development, argumentation, and accurate handling of procedural postures. Writing a persuasive motion memorandum is covered in Part VI; appellate briefs in Part
VII; and oral argument in Part VIII.

Get Mr. Neumann's Book!.......2002-07-14

I got this book from the law library at school and I am going to buy Mr. Neumann's 2002 edition if there is one.
This is a good book to have for Law School!

I have read many pre-law books. This book explains so much in just two short concisely written chapters. I do have one small complaint the title of this book is wrong, this book covers so much more!

This book is an introduction to law, it explains and provides a general overview of the civil procedure process and goes over case briefing. I think this book is more useful than Helen Shapo's book on Legal Writing. In short, GET IT!

American Law the Essence of Persuasive Writing.......2000-07-05

Mr. Newmann, Jr., the author, has captured the essential ingredients of American Common-Law, from it's heritage, rule analysis, and sources of law to it's practical application using lawyerly persuasion with words. Presented is a practical, logical, and understandable book format that supports the applied art of legal interpreting, reasoning, persuasive writing. This book is a must-have for all who desire to analyze facts with rules and then create persuasive or predictive legal written results in legal style.

Law School Basics: A Preview of Law School and Legal Reasoning

Average customer rating:

Trash
Funny -and- useful!
Got it from the library and now I have to have it

Law School Basics: A Preview of Law School and Legal Reasoning
David Hricik
Manufacturer: Nova Press
ProductGroup: Book
Binding: Paperback

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ASIN: 1889057061

Book Description

Law school has the reputation of being one of the hardest academic programs. It is a reputation well earned. However, Law School Basics is chock-full of insights and strategies that will prepare you well and give you a head start on the competition.

Law School Basics presents a thorough overview of law school, legal reasoning, and legal writing. It was written for those who are considering law school; for those who are about to start law school; and for those who are interested in knowing more about lawyering and the legal process.

Law School Basics was written with one overriding goal: to enlighten you about everything the author wishes he had known before starting law school.

Customer Reviews:

Trash.......2004-01-11

Buyer Beware! This book has nothing to do with reality let alone legal reasoning. As a partner at a major law firm, I would urge potentially interested readers to stay clear of this book.

Funny -and- useful!.......2001-07-14

This book is worth having simply so you can quote real opinions written in the style of Genesis or Mark Twain. It also points out amusing cases -- talking cats leap to mind -- that might otherwise be buried by their more serious brethren. The chapters on how the court systems work, what memoranda should look like, and what certain legal terms mean are easy to understand, and it's useful to have them all in one place. I didn't care for the many pages on why law school is run the way it is, but you might be interested. Overall, it's a practical handbook and a great reminder that law is not as serious a business as everyone seems to think.

Got it from the library and now I have to have it.......1999-10-07

Straight shooting, down to earth account of what to expect at law school and some handy tips to simplify life and keep it all in perspective.

Islam, Law, and Equality in Indonesia: An Anthropology of Public Reasoning

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Islam, Law, and Equality in Indonesia: An Anthropology of Public Reasoning
John R. Bowen
Manufacturer: Cambridge University Press
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Binding: Hardcover

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Book Description

Muslims currently struggle to reconcile radically different sets of social norms and laws (including those derived from Islam, as well as contemporary ideas about gender equality and law) in Indonesia, the world's largest Muslim-majority country. John Bowen explores their struggle through archival and ethnographic research and interviews with national religious and legal figures. His book relates to debates in any society where people struggle to live together with extreme differences in values and lifestyles and is welcomed by scholars and students in all branches of the social sciences.

Rhetoric and the Rule of Law: A Theory of Legal Reasoning (Law, State, and Practical Reason)

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Rhetoric and the Rule of Law: A Theory of Legal Reasoning (Law, State, and Practical Reason)
Neil MacCormick
Manufacturer: Oxford University Press, USA
ProductGroup: Book
Binding: Hardcover

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Judging Under Uncertainty: An Institutional Theory of Legal Interpretation

ASIN: 0198268785

Book Description

Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based? Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.

Precedents, Statutes, and Analysis of Legal Concepts (Philosophy of Legal Reasoning: A Collection of Essays by Philosophers and Legal Scholars)

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Precedents, Statutes, and Analysis of Legal Concepts (Philosophy of Legal Reasoning: A Collection of Essays by Philosophers and Legal Scholars)
Scott Brewer
Manufacturer: Routledge
ProductGroup: Book
Binding: Library Binding

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ASIN: 0815326564

Reasoning with Rules: An Essay on Legal Reasoning and its Underlying Logic (Law and Philosophy Library)

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Reasoning with Rules: An Essay on Legal Reasoning and its Underlying Logic (Law and Philosophy Library)
Jaap Hage
Manufacturer: Springer
ProductGroup: Book
Binding: Hardcover

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ASIN: 0792343255

Book Description

Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.

A Treatise of Legal Philosophy and General Jurisprudence: Volume 1:The Law and The Right; Volume 2: Foundations of Law, Volume 3: Legal Institutions and ... 4: Scientia Juris, Volume 5: Legal Reasoning

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A Treatise of Legal Philosophy and General Jurisprudence: Volume 1:The Law and The Right; Volume 2: Foundations of Law, Volume 3: Legal Institutions and ... 4: Scientia Juris, Volume 5: Legal Reasoning
Hubert Rottleuthner , Roger A. Shiner , Aleksander Peczenik , and Giovanni Sartor
Manufacturer: Springer
ProductGroup: Book
Binding: Hardcover

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ASIN: 1402033877

Book Description

The Treatise of Legal Philosophy and General Jurisprudence is a comprehensive treatment of the issues in legal philosophy and general jurisprudence. This major reference work will consist of a Theoretical Part, 5 volumes, to be published in 2005, and a Historical Part, 6 volumes, scheduled to be published by the end of 2006.

The work is aimed at jurists and at legal and practical philosophers. The theoretical part covers the main topics of contemporary debate. The historical volumes account for the development of legal thought from ancient Greek times through the twentieth century.

Volume 1: The Law and the Right, a Reappraisal of the Reality that Ought to be
by Enrico Pattaro

This work brings out and recovers the normative dimension of law, called "the reality that ought to be", placing within this reality the idea of what is right. Part I reconstructs the current as well as the traditional civil-law conception of the reality that ought to be and raises some critical theoretical issues. Part II introduces some basic concepts on language and behaviour and presents a conception of norms as beliefs. Part III aims to find explanations for the idea of a reality that ought to be. Part IV consists of inquiries focussed on Homeric epic, the natural-law school, and the normativistic view of positive law.

Volume 2: Foundations of Law
by Huber Rottleuthner

This volume focuses on legally external foundations of law by which the origin, the development and the functions of law are explained. Such external variables might be found in mythology, religion, in extra or intra human nature, in the economy, moral attitudes and beliefs, societal conditions, etc. Besides these "explanatory" foundations, which include restrictive conditions of law, foundations are also interpreted in the sense of basic legal concepts, of epistemological foundations or of a normative basis of law.

Volume 3: Legal Institutions and the Sources of Law
by Roger A. Shiner

This volume investigates the sources of law and focuses on how legal sources actually function analytically within legal systems to create law. It examines how sources such as legislation, precedent custom, delegation, codes or constitutions directly generate validity for legal norms, or how these sources are authoritative for legal decision-making. The book considers the contextual or strictly institutional authority of law and emphasizes sources of law within the common law tradition.

Volume 4: Scientia Juris, Legal Doctrine as Knowledge of Law and as a Source of Law
by Aleksander Peczenik

Legal doctrine has faced repeated criticism, not least from minimalist philosophers. The author proposes a "Copernican revolution" in the way of understanding the relation of legal theory to philosophy. Instead of attempting to make legal theory follow one of the notoriously controversial moral theories, we can try to adjust philosophy to legal theory. In the search for a philosophy adjusted to legal doctrine, cautious philosophical positions are preferred to daring ones.

Volume 5: Legal Reasoning, A Cognitive Approach to the Law
by Giovanni Sartor

Legal Reasoning is an application of a broader human competence, practical cognition: the ability to process information in order to come to appropriate determinations. Thus we need to bring to bear on legal reasoning the various studies which address the phenomenon of practical cognition and we need to view the different aspects of legal thinking as elements of a unitary cognitive process.

Learning Legal Rules: A Student's Guide to Legal Method and Reasoning

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Learning Legal Rules: A Student's Guide to Legal Method and Reasoning
James Holland , and Julian Webb
Manufacturer: Oxford University Press, USA
ProductGroup: Book
Binding: Paperback

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Book Description

Among the many new skills law students have to acquire, using legal method and solving legal problems are possibly the most important. Yet all too often these legal skills are ignored, and it is assumed that students will acquire them as they progress through their course. Learning Legal Rules brings together the theory, structure, and practice of legal reasoning in a readily accessible style. The book explains how to uncover and exploit the mysteries of legal materials. This is then used to draw the student into the techniques of legal analysis and argument and the operation of precedent and statutory interpretation. Throughout the book the authors also examine the importance of human rights and the permeating influence of EC. Online Resource Centre Lecturer resources Test bank - a ready-made electronic testing resource which can be customised to your teaching needs feedback Seminar problems - additional seminar exercises to support teaching VLE Content Student resources Gudiance on answering legal problems - working examples of how a lawyer has to approach the material available Guidance on essay writing - supplements the materials available in chapters 2 and 3 Self-test questions - enables students to test their knowledge of issues covered in the book Web links - links to other useful websites Guidance notes on statutory interpretation and case law analysis - an exercise combining elements of case law analysis, reading statutes and statutory interpretation

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