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Relevant bibliographies by topics / Law and legal reasoning

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Academic literature on the topic 'Law and legal reasoning'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Law and legal reasoning"

1

Hage, Jaap. "Legal Reasoning and Legal Integration." Maastricht Journal of European and Comparative Law 10, no. 1 (March 2003): 67–97. http://dx.doi.org/10.1177/1023263x0301000104.

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According to Legrand, harmonization of European private law by means of a European Civil Code would not work, because of the different legal cultures (mentalités) within which such a code would have to operate. In the civil law tradition, legal reasoning on the basis of such a code would be deductive in the sense of the application of rules that are posited prior to the cases to which they should be applied. In the common law tradition, the starting point of legal reasoning is in the cases themselves. As a consequence, common law reasoning would abstract less from the peculiarities of individual cases. The main point of this paper is that Legrand's picture of civil law reasoning is based on the subsumption model of rule application, which does not allow adaptation of the law to the needs of concrete cases other than through the limited possibilities of interpretation. It is argued that this picture is wrong. As an alternative, the reason-based model of rule application is proposed, which allows legal decision makers much more leeway to tailor the law to the needs of concrete cases. In a comparison with case-based reasoning it is argued that rule-based reasoning, according to the reason-based model, gives the decision maker the same leeway. The final conclusion is that possible differences in legal culture between the civil law and the common law tradition are not rooted in the distinction between rule-based reasoning and case-based reasoning, and are therefore merely contingent. There is no reason why the introduction of a European Civil Code could not overcome the differences between the two traditions. Whether this would be desirable is a different question.

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Atria, Fernando. "Legal Reasoning and Legal Theory Revisited." Law and Philosophy 18, no. 5 (September 1999): 537. http://dx.doi.org/10.2307/3505144.

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Lamond, Grant. "Legal Reasoning for Hedgehogs." Ratio Juris 30, no. 4 (November 22, 2017): 507–21. http://dx.doi.org/10.1111/raju.12181.

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Atkinson, Katie, and Trevor Bench-Capon. "Legal Case-based Reasoning as Practical Reasoning." Artificial Intelligence and Law 13, no. 1 (March 2005): 93–131. http://dx.doi.org/10.1007/s10506-006-9003-3.

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Goldman, Alan H. "Legal Reasoning as a Model for Moral Reasoning." Law and Philosophy 8, no. 1 (April 1989): 131. http://dx.doi.org/10.2307/3504633.

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Quevedo, Steven M. "Formalist and Instrumentalist Legal Reasoning and Legal Theory." California Law Review 73, no. 1 (January 1985): 119. http://dx.doi.org/10.2307/3480465.

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Canale, Damiano. "Comparative Reasoning in Legal Adjudication." Canadian Journal of Law & Jurisprudence 28, no. 1 (January 2015): 5–27. http://dx.doi.org/10.1017/cjlj.2015.15.

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This paper focuses on the practice of making reference to foreign law in legal adjudication. On the one hand, this practice has received overwhelming attention from legal scholars in the last two decades under the headings of “judicial dialogue”, “judicial cross-fertilization” or “constitutional conversation”; on the other hand, a systematic, theoretical picture of this practice is still lacking. The paper aims to bridge this gap by elucidating the structure of legal comparison in judicial decision-making from the point of view of argumentation theory. To this end, the paper examines the various forms of comparative reasoning, identifies the set of their implicit premises and shows under what conditions referring to foreign law in legal adjudication is justified on its own grounds. This analysis will lead us to discuss the thesis according to which comparative reasoning by courts is changing the nature of law and the structure of contemporary legal systems.

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Samuel, Geoffrey. "Can legal reasoning be demystified?" Legal Studies 29, no. 2 (June 2009): 181–210. http://dx.doi.org/10.1111/j.1748-121x.2009.00124.x.

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The purpose of this paper is to examine a new work on legal reasoning by two American jurists whose aim is to ‘demystify’ it. The paper will not dispute the authors' central thesis that the existence of special forms of reasoning in law is false, but it will argue that a social science epistemologist would find their analysis at best inadequate. It will be argued that legal reasoning is not just reasoning from and about rules; it is also reasoning about facts and about the construction of factual situations. Consequently, it is vital for anyone wishing to have a serious understanding of how lawyers reason to have a familiarity with how social scientists, and indeed natural scientists, reason about fact. Such reasoning certainly involves induction, deduction and analogy but these methods are by no means adequate as an epistemological framework; schemes of intelligibility and paradigm orientations are equally important. If there is one paradigm orientation that is special to certain disciplines like theology and law, it is the authority paradigm, an orientation that must be distinguished from an inquiry paradigm. The problem with works by legal philosophers on legal reasoning is, it will be implied, that they are often conducted from within the authority paradigm and that this, in the end, prevents any demystification.

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PECZENIK, ALEKSANDER. "Legal Reasoning as a Special Case of Moral Reasoning." Ratio Juris 1, no. 2 (July 1988): 123–36. http://dx.doi.org/10.1111/j.1467-9337.1988.tb00009.x.

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Stovba, Oleksiy. "THE NORMATIVITY OF LAW: LEGAL-PHILOSOPHICAL REASONING." Social Legal Studio, no. 1 (August 2008): 11–16. http://dx.doi.org/10.32518/2617-4162-2018-1-11-16.

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Dissertations / Theses on the topic "Law and legal reasoning"

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Atria, Lemaître Fernando. "On law and legal reasoning /." Oxford [u.a] : Hart, 2001. http://www.loc.gov/catdir/toc/fy043/2003269428.html.

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Atria, Fernando. "On law and legal reasoning." Oxford ; Portland : Or. : Hart Publ, 2001. http://catalogue.bnf.fr/ark:/12148/cb38862958c.

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Berger, Daniel Robert Howard James. "Improving legal reasoning using Bayesian probability methods." Thesis, Queen Mary, University of London, 2015. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8914.

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A thesis which explores the possibility of introducing Bayesian probability methods into the criminal justice system, and in doing so, exposing and eradicating some common fallacies. This exposure aims to reduce miscarriages of justice by illustrating that some evidence routinely relied upon by the prosecution, may not have as high a probative value towards its ultimate hypothesis of ‘guilt’ as has been traditionally thought and accepted.

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Braman, Eileen Carol. "Motivated reasoning in legal decision-making." Connect to this title online, 2004. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1091730982.

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Thesis (Ph. D.)--Ohio State University, 2004.
Title from first page of PDF file. Document formatted into pages; contains xvi, 213 p. Includes bibliographical references (p. 203-213). Available online via OhioLINK's ETD Center

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Coyle, Sean. "On the foundations of legal reasoning in international law." Thesis, University of Glasgow, 1998. http://theses.gla.ac.uk/5124/.

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Issues pertaining to the "foundations" of legal reasoning in international law break down into several discrete questions: what do statements about law mean; how do they get their meaning: to what do legal terms refer; in what does knowledge of law consist; how do we reason with legal concepts; what constitutes a criterion for argumentative success; how do bodies of legal concepts combine to form systems; is the conceptual organisation of different types of legal system, such as municipal law and international law, necessarily (or even factually) the same at some fundamental level?... This thesis is concerned with some measure with all of these questions, but the focus throughout is on those of the meaning of what we say about law, of legal knowledge, and of topological issues regarding legal systems (that is, how various types of legal system stand, conceptually, to one another). The thesis falls into two parts. The first, which is critical in nature, looks at some of the ways in which modern positivism has attempted to supply answers to these questions. It shall be argued that underlying those attempts is a particular view about the foundations of legal reasoning which has remained fairly constant in modern legal theory, not only among the positivists but also commonly among their sceptic rivals. Several difficulties with this view are raised and explored, all of which have contributed to the notion that international law is, when viewed through the spectacles of a municipal lawyer, at best a primitive system of law. The heart of Part I is a discussion of the character of legal knowledge. This takes place in the context of an account of the "Institutional Theory of Law" (ITL), as propounded by Neil MacCormick and Ota Weinberger. The argument that emerges is one broadly in favour of ITL, though critical of the methodological and philosophical assumptions on the basis of which the main edifice of the theory rests. It is submitted that such assumptions are the result of misplaced views about semantics and the nature of reference. Part I ends with the suggestion of an alternative, and hopefully more stable, strategy for generating the account of legal knowledge for which ITL strove. Part II comprises a positive thesis about the foundations of legal reasoning in international law, developed on the back of the strategy in Part I.

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Scobbie, Iain Girvan Mann. "Legal reasoning and the judicial function in the international court." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.335827.

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Susskind, Richard Eric. "Expert systems in law : a jurisprudential enquiry." Thesis, University of Oxford, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.328926.

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Chan, Adrian Baihui. "Logic with a literary twist : essays in common law reasoning." Thesis, King's College London (University of London), 2016. http://kclpure.kcl.ac.uk/portal/en/theses/logic-with-a-literary-twist(82ecb4c5-b015-40b8-abdd-7b235283ebe5).html.

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What makes a good common law argument? Ronald Dworkin’s answer commands much respect within legal practice. To him, the correctness of a legal conclusion rests upon its capacity to fit within a narrative of normative progress that judges deliberately impose for the sake of (i) rendering overt the shared membership of discretely decided cases within a single determinate category (ii) depictive of moral attractiveness at its best. Yet, the inherent plausibility of Dworkin’s presentation of judicial reasoning has ironically resulted in the erosion of respect for the common law. If judicial narratives are imposed for aesthetic considerations, then legal conclusions must – per Kant – be mere idiosyncratic judicial desires that have the added quality of being objectively intelligible to other individuals who could nonetheless – owing to the absence of any criteria of norm correctness – justifiably disagree. If accurate, this characterization of legal decision-making would be anemic with modernity’s conviction that law is an entity inherently distinguishable from power because of the rationality – and therefore non-dogmatic nature – of its dictates. This thesis demonstrates – contra Dworkin – that judicial narratives go hand-in-hand with rationality. Judicial reasoning is thus of great importance to the aspirational goal of governance through law. As will be seen, only a constructed narrative renders possible the objective demonstrability (i) of the membership of discrete judicial decisions within the classificatory ambit of a specific norm and (ii) the legitimacy of that specific norm’s selection – from a set of countless other possibilities - via its evidential capacity to order those same discrete decisions tentatively asserted to be under its ambit into a coherent whole. Thus, because (i) the narrative is the methodological process by which a norm comes into agreement with its observed applications and (ii) truth is exactly this just-mentioned correspondence between intellect and reality, narrative construction is – quite properly – logic.

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Pethick, Stephen. "An investigation of coherence and coherence theory in relation to law and legal reasoning." Thesis, University of Oxford, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.275750.

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Ramic, Sukri Husayn. "Linguistic principles in Usul al-fiqh and their effect on legal reasoning in Islamic law." Thesis, University of Wales Trinity Saint David, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504414.

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This present study deals with the linguistic principles that are used in the process of legal reasoning in Islamic law. These linguistic principles represent an important branch of the science of usu1 al-fiqh on its part represents the theoretical basis for the Shari ah and indisputable foundations upon which the whole structure of Islamic law is built. It is a unique study in the sense that no similar work, as far as we know, is available and its comparative and analytical approach has not been presented before. This study is divided into four parts. The first part deals with the linguistic principles that are related to the methods of textual indication on legal rulings. In this part these principles have been analysed according to both the Hanafi and the Shäfi'i approach. In the second part this study deals with linguistic principles which are related to clarity and ambiguity of words. It is a comparative study of the Hanafi and the Shdfi'i approach to this issue. The third part highlights the generality and specific qualities of words, and the fourth part analyses the possibility of interpretation of authoritative texts not according to their obvious meanings (ta'wi7). In general this is a comparative study of the methodology of interpretation of authoritative texts in Islamic law presented through the study of the linguistic principles in usül al-fiqh and their effect on legal reasoning in Islamic law.

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Books on the topic "Law and legal reasoning"

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Farrar, John H. Legal reasoning. Pyrmont, N.S.W: Lawbook Co., 2010.

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Legal reasoning. Peterborough, Ontario: Broadview Press, 2001.

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1955-, Sherwin Emily, ed. Demystifying legal reasoning. New York: Cambridge University Press, 2008.

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Legal reasoning and legal theory. Oxford: Clarendon Press, 1994.

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Lemaître, Fernando Atria. On law and legal reasoning. Oxford: Hart Publishing, 2002.

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Lemaître, Fernando Atria. On law and legal reasoning. Oxford: Hart, 2001.

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LLB, Hanson Sharon, ed. Legal method & reasoning. 2nd ed. London: Cavendish Pub., 2003.

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Larry, Alexander. Legal rules and legal reasoning. Aldershot, Hampshire, England: Ashgate/Dartmouth, 2000.

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1959-, Tiscione Kristen Konrad, ed. Legal reasoning and legal writing. New York: Wolters Kluwer Law & Business, 2013.

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Legal reasoning: Collected essays. Aurora, Colo: Davies Group, 2007.

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Book chapters on the topic "Law and legal reasoning"

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Hage, Jaap. "Legal Reasoning." In Introduction to Law, 21–31. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-57252-9_2.

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Peczenik, Aleksander. "Rationality of Legal Reasoning." In On Law and Reason, 119–57. Dordrecht: Springer Netherlands, 1989. http://dx.doi.org/10.1007/978-1-4020-8381-5_4.

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Michelon, Claudio. "Legal Reasoning (Virtues)." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–8. Dordrecht: Springer Netherlands, 2020. http://dx.doi.org/10.1007/978-94-007-6730-0_728-1.

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Carlos, Juan Bayón. "Why is Legal Reasoning Defeasible?" In Pluralism and Law, 327–46. Dordrecht: Springer Netherlands, 2001. http://dx.doi.org/10.1007/978-94-017-2702-0_17.

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Hanson, Sharon, Tobias Kliem, and Ben Waters. "Writing law essays." In Learning Legal Skills and Reasoning, 287–320. 5th ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429285080-14.

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Hanson, Sharon, Tobias Kliem, and Ben Waters. "Domestic case law." In Learning Legal Skills and Reasoning, 29–54. 5th ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429285080-4.

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McLeod, Ian. "An Introduction to Law and Legal Reasoning." In Legal Method, 3–25. London: Macmillan Education UK, 1996. http://dx.doi.org/10.1007/978-1-349-14289-7_1.

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McLeod, Ian. "An Introduction to Law and Legal Reasoning." In Legal Method, 3–21. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-15075-5_1.

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McLeod, Ian. "An Introduction to Law and Legal Reasoning." In Legal Method, 3–23. London: Macmillan Education UK, 1993. http://dx.doi.org/10.1007/978-1-349-13153-2_1.

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Esposito, Fabrizio. "Reverse Engineering Legal Reasoning." In Palgrave Studies in Institutions, Economics and Law, 139–54. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-40168-9_9.

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Conference papers on the topic "Law and legal reasoning"

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Atkinson, Katie, and Trevor Bench-Capon. "Reasoning with Legal Cases." In ICAIL '19: Seventeenth International Conference on Artificial Intelligence and Law. New York, NY, USA: ACM, 2019. http://dx.doi.org/10.1145/3322640.3326695.

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Rotolo, Antonino, Guido Governatori, and Giovanni Sartor. "Deontic defeasible reasoning in legal interpretation." In ICAIL '15: 15th International Conference on Artificial Intelligence and Law. New York, NY, USA: ACM, 2015. http://dx.doi.org/10.1145/2746090.2746100.

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Walker, Vern R., Ji Hae Han, Xiang Ni, and Kaneyasu Yoseda. "Semantic types for computational legal reasoning." In ICAIL '17: Sixteenth International Conference on Artificial Intelligence and Law. New York, NY, USA: ACM, 2017. http://dx.doi.org/10.1145/3086512.3086535.

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Morris, Jason. "User-Friendly Open-Source Case-Based Legal Reasoning." In ICAIL '19: Seventeenth International Conference on Artificial Intelligence and Law. New York, NY, USA: ACM, 2019. http://dx.doi.org/10.1145/3322640.3326717.

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Fungwacharakorn, Wachara, Kanae Tsushima, and Ken Satoh. "On semantics-based minimal revision for legal reasoning." In ICAIL '21: Eighteenth International Conference for Artificial Intelligence and Law. New York, NY, USA: ACM, 2021. http://dx.doi.org/10.1145/3462757.3466075.

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Timmer, Sjoerd T., John-Jules Ch Meyer, Henry Prakken, Silja Renooij, and Bart Verheij. "A structure-guided approach to capturing bayesian reasoning about legal evidence in argumentation." In ICAIL '15: 15th International Conference on Artificial Intelligence and Law. New York, NY, USA: ACM, 2015. http://dx.doi.org/10.1145/2746090.2746093.

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Timmer, Sjoerd T., John-Jules Ch Meyer, Henry Prakken, Silja Renooij, and Bart Verheij. "Demonstration of a structure-guided approach to capturing bayesian reasoning about legal evidence in argumentation." In ICAIL '15: 15th International Conference on Artificial Intelligence and Law. New York, NY, USA: ACM, 2015. http://dx.doi.org/10.1145/2746090.2750370.

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Goldman, S. R., M. C. Dyer, and M. Flowers. "Precedent-based legal reasoning and knowledge acquisition in contract law: A process model." In the first international conference. New York, New York, USA: ACM Press, 1987. http://dx.doi.org/10.1145/41735.41759.

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Zurek, Tomasz, and Emil Kruk. "Supporting of legal reasoning for cases which are not strictly regulated by law." In the 12th International Conference. New York, New York, USA: ACM Press, 2009. http://dx.doi.org/10.1145/1568234.1568263.

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Sethi, Achint, David A. Fischer, and Alley C. Butler. "A Concurrent Engineering System for Legal Reasoning About Defective Design." In ASME 1995 15th International Computers in Engineering Conference and the ASME 1995 9th Annual Engineering Database Symposium collocated with the ASME 1995 Design Engineering Technical Conferences. American Society of Mechanical Engineers, 1995. http://dx.doi.org/10.1115/cie1995-0731.

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Abstract Concurrent engineering is focused on improving the Product Realization Process by more effectively integrating manufacturing issues into engineering design. Expansion of the Concurrent Engineering paradigm to include a broader range of concerns is advocated, and this paper examines the integration of legal issues into the Product Realization Process. It describes a prototype legal expert system that focuses on product design based on defective design product liability law. The legal reasoning process is modeled using a fuzzy logic architecture. The goal for this prototype system is the development of a workstation based advisor to engineers that automates assessment of potential legal liability for defective design. As a Concurrent Engineering tool, this fuzzy system allows engineers to make modifications during preliminary design, thereby avoiding the more painful process of modifying designs after litigation. Results with this system are discussed, and it is concluded that the fuzzy logic architecture appears to offer a suitable approach.

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Reports on the topic "Law and legal reasoning"

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NAVAL JUSTICE SCHOOL NEWPORT RI. Legal Officer Civil Law Study Guide. Fort Belvoir, VA: Defense Technical Information Center, June 1991. http://dx.doi.org/10.21236/ada243995.

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NAVAL JUSTICE SCHOOL NEWPORT RI. Civil Law Legal Assistance: Lawyers Study Guide. Fort Belvoir, VA: Defense Technical Information Center, January 1999. http://dx.doi.org/10.21236/ada359592.

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NAVAL JUSTICE SCHOOL NEWPORT RI. Civil Law Legal Assistance; Lawyer's Study Guide. Fort Belvoir, VA: Defense Technical Information Center, May 1998. http://dx.doi.org/10.21236/ada344517.

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Battakhov, P. P. ISSUES OF LEGAL REGULATION UNDER RUSSIAN LAW. Ljournal, 2020. http://dx.doi.org/10.18411/2245-6754-2020-99887.

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NAVAL JUSTICE SCHOOL NEWPORT RI. Civil Law Legal Assistance, Lawyers Study Guide (Revision). Fort Belvoir, VA: Defense Technical Information Center, August 1998. http://dx.doi.org/10.21236/ada351002.

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Beck, Thorsten, Asli Demirguc-Kunt, and Ross Levine. Law and Finance: Why Does Legal Origin Matter? Cambridge, MA: National Bureau of Economic Research, December 2002. http://dx.doi.org/10.3386/w9379.

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Finnie, Michael E. Exculpatory No in Military Law License to Lie or Legal Loophole Closed. Fort Belvoir, VA: Defense Technical Information Center, April 1994. http://dx.doi.org/10.21236/ada456600.

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Zankovskij, S. S. NEGOTIATIONS ON CONCLUSION OF AGREEMENT IN BUSINESS: LEGAL NATURE AND PROBLEMS OF LAW ENFORCEMENT. Пробелы в российском законодательстве, 2020. http://dx.doi.org/10.18411/0131-5226-2020-60003.

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Tostes, Rogelio. Public law and its techniques: semantic adaptations in catalan legal practice (13th-14th centuries). Edicions de la Universitat de Lleida, 2021. http://dx.doi.org/10.21001/itma.2021.15.11.

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Funk, Kellen, and Lincoln A. Mullen. The Spine of American Law: Digital Text Analysis and U.S. Legal Practice (annotated version). Roy Rosenzweig Center for History and New Media, 2021. http://dx.doi.org/10.31835/ma.2021.07.

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