Title
Thinking Like a Lawyer: A New Introduction to Legal Reasoning,Used
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This primer on legal reasoning is aimed at law students and upperlevel undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and ruledependence 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 decisionmakers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decisionmaking than elsewhere.Schauers 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.
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- Q: What is the primary focus of 'Thinking Like a Lawyer'? A: 'Thinking Like a Lawyer' primarily focuses on legal reasoning, designed for law students and upper-level undergraduates, while providing an original exposition of basic legal concepts for scholars and lawyers.
- Q: Who is the author of this book? A: The author of 'Thinking Like a Lawyer' is Frederick Schauer, a noted legal scholar.
- Q: What topics does the book cover? A: The book covers various topics including rules, precedent, authority, analogical reasoning, common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.
- Q: What is the publication date of this book? A: 'Thinking Like a Lawyer' was published on April 16, 2012.
- Q: Is this book suitable for beginners in law? A: Yes, the book serves as a primer on legal reasoning, making it suitable for beginners in law, such as law students and upper-level undergraduates.
- Q: What is the binding type of this book? A: 'Thinking Like a Lawyer' is available in paperback binding.
- Q: How many pages does the book have? A: The book has a total of 256 pages.
- Q: What condition is this book in? A: 'Thinking Like a Lawyer' is available in new condition.
- Q: Does this book discuss the uniqueness of legal reasoning? A: Yes, Frederick Schauer analyzes the distinctiveness of legal reasoning, particularly its formality and rule-dependence.
- Q: Is there an edition information available for this book? A: Yes, this book is a reprint edition.