書誌事項

Legal reasoning

Martin P. Golding

Broadview Press, c2001

Encore ed

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注記

Originally published: New York : A.A. Knopf, 1983

Includes bibliographical references and index

内容説明・目次

内容説明

In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles-including that of judicial psychology. The primary focus, however, is on the 'logic' of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay.

目次

Preface Citations I The Study of Legal Reasoning Discovery and Justification in Science and Law Explanatory and Justifying Reasons Reasoned Decisions Materials II Types of Legal Argument Two Perspectives: An Interpretation Forms of Argument Argument By Analogy Kinds of Reasons Practical Reasoning Conflicting Decisions Materials III Precedent and Analogy Adherence to Precedent Argument by Analogy: Interpretations and revision Case Law Development Materials Bibliographic essay. (Updated for the Broadview edition) Index

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