Thinking Like a Lawyer: A New Introduction to Legal Reasoning
Product ID: 333624472
Buy anything from 5,000+ international stores. One checkout price. No surprise fees. Join 2M+ shoppers on Desertcart.
Desertcart purchases this item on your behalf and handles shipping, customs, and support to Vanuatu.
This primer on legal reasoning is aimed at law students and upper-level 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 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. 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. Review: A detailed and thought-provoking account of what underpins the function of legal systems. - A comprehensive guide to the fundamental tenets that dictate the operation of legal systems generally: precedent, authorities, analogies. At the heart of this book, Schaur endeavours to answer the question: Is thinking like a Lawyer actually unique ? In doing so he explores key jurisprudential debates (see chapter 7 on Legal realism) and examines the tensions that are found in key legal theory, that of statutory interpretation and the idea of the common law. Admittedly the book’s emphasis is mainly on the US legal system, buts it’s dedication to the common law system means it is equally applicable to the UK’s system too. Review: Um dos livros mais importantes de precedentes no Common Law - Essencial para quem quer aprender e escrever sobre precedentes
| Best Sellers Rank | 203,677 in Books ( See Top 100 in Books ) 321 in Law (Books) |
| Customer Reviews | 4.6 out of 5 stars 183 Reviews |
F**T
A detailed and thought-provoking account of what underpins the function of legal systems.
A comprehensive guide to the fundamental tenets that dictate the operation of legal systems generally: precedent, authorities, analogies. At the heart of this book, Schaur endeavours to answer the question: Is thinking like a Lawyer actually unique ? In doing so he explores key jurisprudential debates (see chapter 7 on Legal realism) and examines the tensions that are found in key legal theory, that of statutory interpretation and the idea of the common law. Admittedly the book’s emphasis is mainly on the US legal system, buts it’s dedication to the common law system means it is equally applicable to the UK’s system too.
R**E
Um dos livros mais importantes de precedentes no Common Law
Essencial para quem quer aprender e escrever sobre precedentes
P**T
Great Overview: Perhaps a Good Supplement for Law School
Really enjoyed this book. I found it to be a very accessible introduction to legal thought and to some of the more nuanced debates that have pervaded the subject for many years. Schauer was very thorough in his exposition of the subject as well as incredibly attentive to the lay reader, as I consider myself to be. For each topic that he approaches, he gives elucidating examples along with an astute analysis which considers multiple paradigms within their historical context. After reading this book, I feel that I have begun to develop a taste for legal reasoning and have laid a rudimentary foundation from which to acquire a deeper understanding of many of the topics that were discussed throughout the book. The reason that I was initially intrigued by this book is that I am planning to attend law school in the fall and I felt that a good primer on the subject was an appropriate starting point. Although I believe this book will not nor does it profess to directly improve your performance in law school, I feel that my reading was not in vain. From reading this book, I feel that I have developed a beginners knowledge in some of the major topics within legal thought as well as a respect for the history of many fundamental legal theories as they pertain to legal reasoning. In addition, this book has also sparked my interest in the subject as a whole and from here I will begin to read more specific treatments of the subject. If you enjoy learning about the law, philosophy and some history, then this book may be for you. If you are about to enter law school and are seeking a how to book for legal reasoning as it pertains to doing well in law school, then you should look at "Getting to Maybe."
C**1
A must!
One of the best 1L intro books.
Y**E
Je ne comprends pas cette question.
Enseignement. Excellent petit livre, facile d'accès mais profond.
M**E
A better understanding of the machanisum of law
Amazing torch light which helps in dark legal system were these existing much more darker pillars on which stands the real structure of legal system
Trustpilot
2 weeks ago
3 weeks ago