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Author:
Eisenberg, Melvin Aron, author.
Title:
Legal reasoning / Melvin A. Eisenberg, University of California, Berkeley.
Publisher:
Cambridge University Press,
Copyright Date:
2022
Description:
xiii, 117 pages ; 23 cm
Subject:
Law--Methodology.
Law--Methodology.
Notes:
Includes bibliographical references and index.
Contents:
A brief introduction to the common law -- Rule-based legal reasoning -- Reasoning from precedent and the principle of stare decisis -- How it is determined what rule a precedent establishes -- Reasoning from authoritative although not legally binding rules -- The role of moral, policy, and empirical propositions in legal reasoning, and the judicial adoption of new legal rules based on social propositions -- Legal rules, principles, and standards -- The malleability of common law rules -- Hiving off new legal rules from established legal rules, creating exceptions to established rules, and distinguishing -- Analogy-based legal reasoning -- The roles of logic, deduction, and good judgment in legal reasoning -- Reasoning from hypotheticals -- Overruling.
ISBN:
9781009162500
1009162500
9781009162524
1009162527
OCLC:
(OCoLC)1302580254
Locations:
OVUX522 -- University of Iowa Libraries (Iowa City)

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