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Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.

Introduction

Part One Law and Its Function

  I Settling Moral Controversy

Part Two Common-Law Reasoning: Deciding Cases When Prior Judicial

Decisions Determine the Law

  II Ordinary Reason Applied to Law: Natural Reasoning and

Deduction from Rules

  III The Mystification of Common-Law Reasoning

  IV Common-Law Practice

Part ThreeReasoning from Canonical Legal Texts

  V Interpreting Statutes and Other Posited Rules

  VI Infelicities of the Intended Meaning of Canonical Texts

and Norms Constraining Interpretation

  VII Nonintentionalist Interpretation

  VIII Is Constitutional Interpretation Different? Why It

Isn't and Is

  Epilogue: All or Nothing

  Selected Bibliography

Index

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编辑推荐

　　Demystifying Legal Reasoning defends the proposition that

there are no special forms of reasoning peculiar to law. Legal

decision makers engage in the same modes of reasoning that all

actors use in deciding what to do: open-ended moral reasoning,

empirical reasoning, and deduction from authoritative rules. This

book addresses common law reasoning when prior judicial decisions

determine the law, and interpretation of texts. In both areas, the

popular view that legal decision makers practise special forms of

reasoning is false.

　　? Challenges widespread assumptions about legal reasoning ? The

book offers a comprehensive analysis of methods of legal reasoning

? Questions the current thinking about interpretation of legal

texts

书籍介绍

Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.