Full Description
In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the 'logic' of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay.
Contents
Preface
Citations
I The Study of Legal Reasoning
Discovery and Justification in Science and Law
Explanatory and Justifying Reasons
Reasoned Decisions
Materials
II Types of Legal Argument
Two Perspectives: An Interpretation
Forms of Argument
Argument By Analogy
Kinds of Reasons
Practical Reasoning
Conflicting Decisions
Materials
III Precedent and Analogy
Adherence to Precedent
Argument by Analogy: Interpretations and revision
Case Law Development
Materials
Bibliographic essay. (Updated for the Broadview edition)
Index
