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.
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.
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.
Book Description
T9583-0, 0-20529583-5, Rybacki, Karyn C. (Northern Michigan University), Rybacki, Donald J. (Northern Michigan University), ADVOCACY AND OPPOSITION: An Introduction to Argumentation, Fourth Edition, Previous Edition ISBN: 0-205-19379-X, 6 x 9, paperbound, 320 pp., $46.00 K, HA17 * / This book is a comprehensive and practical approach to argumentation and critical thinking for the beginner who needs to construct and present arguments on questions of fact, value, and policy both orally and in writing. This book offers a theoretical view of the nature of argument in our society, a discussion of principles of arguing as a form of communication, and a focus on how arguments are created using the Toulmin model of argument. Presents the concepts of stock issues in fact, value, and policy argument. Retains the Toulmin model of argument as the basis for explaining how chains and clusters of arguments are constructed favoring or opposing change. Showcases works of European and American argumentation scholars are showcased to explain how students use factual argumentation in everyday situations to develop and test their knowledge. Includes material on how new technology (CD-ROMs, Online Databases) can be used to streamline research. Incorporates real life examples drawn from public debates in which real people argue real issues. for anyone interested in Argumentation and Debate.
Customer Reviews:
Poor on evidence and reasoning.......2007-09-12
Not bad for an introductory text. However, short on the following: it does not present argumentation as a process. Or, at least it is not entirely clear on it. The process is lost in the details. Second, it has poor chapters on reasoning and evidence. It does not really explain what evidence is for. For example, the chapter on evidence (after a brief definition of evidence) begins with a statement that evidence can be found in the library etc. It completely misses the point of the importance of evidence. Later in the text it returns to some of the important points but treats them rather poorly.
The part on reasoning is very poor. Although a knowledgeable person could easily distinguish what is proper reasoning and what can serve as a rhetorical device, that may not be clear to a beginning college student.
A Quality Product.......2006-03-20
This is a great intro to argumentation, and is useful to people of all ages and degrees of experience.
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.
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.
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'.
Average customer rating:
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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
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ASIN: 0815326564 |
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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.
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Logic, Rhetoric and Legal Reasoning in the Qur'an: God's Arguments (Routledgecurzon Studies in the Quran)
R. Gwynne
Manufacturer: RoutledgeCurzon
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ASIN: 0415324769 |
Book Description
Muslims have always used verses from the Qur'an to support opinions on law, theology, or life in general, but almost no attention has been paid to how the Qur'an presents its own precepts as conclusions proceeding from reasoned arguments. Whether it is a question of God's powers of creation, the rationale for his acts, or how people are to think clearly about their lives and fates, Muslims have so internalized Qur'anic patterns of reasoning that many will assert that the Qur'an appeals first of all to the human powers of intellect. This book provides a new key to both the Qur'an and Islamic intellectual history. Examining Qur'anic argument by form and not content helps readers to discover the significance of passages often ignored by the scholar who compares texts and the believer who focuses upon commandments, as it allows scholars of Qur'anic exegesis, Islamic theology, philosophy, and law to tie their findings in yet another way to the text that Muslims consider the speech of God.
Books:
- Another Cosmopolitanism (The Berkeley Tanner Lectures)
- AP Stylebook and Briefing on Media Law (Associated Press Stylebook and Briefing on Media Law)
- Arbitration: Essential Concepts
- Architectural Graphic Standards
- Architecture: Form, Space, and Order
- Ashes to Ashes: America's Hundred-Year Cigarette War, the Public Health, and the Unabashed Triumph of Philip Morris
- Bipolar Disorders: Mixed States, Rapid Cycling and Atypical Forms (Cambridge Studies in International and Comparative Law New Series)
- Blessed Unrest: How the Largest Movement in the World Came into Being and Why No One Saw It Coming
- Blog Rules: A Business Guide to Managing Policy, Public Relations, And Legal Issues
- Brain Tumors: An Encyclopedic Approach
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