作者:
Frederick Schauer 出版社: Harvard University Press 副标题: A New Introduction to Legal Reasoning 出版年: 2009 页数: 238 定价: GBP 32.95 装帧: Hardcover ISBN: 9780674032705
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 pr...
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.
But what really distinguishes lawyers from other sorts of folk,so it is said,is mastery of an array of talents in argument and decision-making that are often collectively described as legal reasoning. (查看原文)
In the first place, law cannot plausibly be seen as a closed system, in the way that games like chess might be. All of the moves of a game of chess can be found in the rules of chess, but not all of the moves in legal argument and legal decision-making can be found in the rules of law. (查看原文)
弗雷德里克·肖尔 作者
海德女鹅
中国法制出版社2016版
小韩de天空
中国法制出版社2016版
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0 有用 南瓜派小姐 2017-07-31 17:59:41
都不记得自己标过想读；四年后的夏天读啦。
0 有用 XenilugJ 2024-04-17 07:36:06 上海
读得很慢仍有收获。
0 有用 Fay 2013-10-14 09:28:06
普法书，缺背景知识看得略慢
0 有用 心海的水母 2019-05-27 10:35:31
牛逼。跪着读的。
2 有用 文山禾 2016-05-01 11:35:22
雷老师带本科生读，这不算是很简单的入门书。