In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute.
In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere.
Thinking Like a Lawyer - Frederick Schauer - Häftad () | Bokus
Schauer's analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories. Passar bra ihop. The Force of Law Frederick Schauer. Playing by the Rules Frederick Schauer. Profiles, Probabilities, and Stereotypes Frederick Schauer. Recensioner i media.
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Schauer, Frederick. Thinking like a lawyer: a new introduction to legal reasoning. Harvard University Press, Chapter 2. Rules — in Law and Elsewhere.
Thinking Like a Lawyer : A New Introduction to Legal Reasoning (Reprint) [Paperback]
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Thinking Like a Lawyer
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