Legal Reasoning
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 (updated for this Broadview Edition).
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PrefaceCitationsIThe Study of Legal Reasoning1Discovery and Justification in Science and Law2Explanatory and Justifying Reasons3Reasoned Decisions6Materials11IITypes of Legal Argument35Two Perspectives: An Interpretation36Forms of Argument39Argument by Analogy44Kinds of Reasons49Practical Reasoning55Conflicting Decisions60Materials74IIIPrecedent and Analogy97Adherence to Precedent98Argument by Analogy: Interpretations and Revision102Case Law Development112Materials125Bibliographic Essay144Index149
