The voices of the law -- The purpose of legal education -- The five types of legal arguments -- Text -- Intent -- Precedent -- Tradition -- Policy -- Graphing the purposes of the law -- Identifying the five types of legal arguments -- Creating persuasive arguments -- How to attack legal arguments -- Intra-type attacks on textual arguments -- Intra-type attacks on intent arguments -- Intra-type attacks on precedent arguments -- Intra-type attacks on tradition arguments -- Intra-type attacks on policy arguments -- Cross-type arguments -- Foundational cross-type arguments -- Relational cross-type arguments -- Text versus intent -- Precedent versus policy -- Text versus policy -- Text versus precedent -- A logical demonstration of the theory of the five types of legal argument -- Reasoning by analogy is the bridge between formalism and realism -- Discovering a court's judicial philosophy and your own philosophy of life.
Summary:
"Huhn demonstrates that there are five different types of legal arguments (based on text, intent, precedent, tradition and policy), and through myriad examples this book teaches law students, lawyers, and judges how to identify, create, attack, and evaluate each type of argument. The book contains useful advice and illustrations on how to weave the different types of arguments together to make them more persuasive. The book describes and explains how lawyers use logic, reasoning by analogy, and policy analysis in resolving progressively more difficult cases. The fourth edition of the book includes new chapters that illustrate policy arguments through the use of graphs and advises law students how to answer essay exam questions"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.