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- An argument is a publicly expressed tool of persuasion. Typically it takes thinking to construct an argument. Reasoning is distinguished from arguing along these lines: reasoning is what you may do before you argue, and your argument expresses some of your (best) reasoning. But much reasoning is done before and outside the context of argument
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The author explains the various forms of reasoning, exposes the fallacies in reasoning of each form of argument and, considers the criteria against which inductive reasoning is assessed. He provides useful illustrations of the forms of argument discussed, including some case law examples.
A controversy as to whether the law is certain, unchanging, and expressed in rules, or uncertain, changing, and only a technique for deciding specific cases misses the point. It is both. Nor is it helpful to dispose of the process as a wonder-ful mystery possibly reflecting a higher law, by which the law can remain the same and yet change.
Jun 20, 2006 · Arguments from precedent and analogy are two central forms of reasoning found in many legal systems, especially ‘Common Law’ systems such as those in England and the United States. Precedent involves an earlier decision being followed in a later case because both cases are the same. Analogy involves an earlier decision being followed in a ...
I. When to Use a Case Comparison: Rule-based Reasoning v. Analogical Reasoning. When formulating an argument, the legal writer has a choice of several reasoning processes.2 Indeed, skillful legal writing entails the words on a page as well as the decisions behind the text that inform which arguments to make and how to make them.
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Our chapter begins by describing three important distinctions: between what people typically mean by “legal reasoning” and other types of reasoning that occur in the legal system; between two competing views of how such reasoning is done; and between law and fact.
Using Reason to Determine What the Law Is (A) First, we must note that in deciding legal cases we must determine what the law “is.” Now law comes to us in two main varieties: Case Law and Statutory Law. Identifying and applying these two different sources of law require distinct rational skills.
Jul 1, 2020 · Legal reasoning is about the creation, application, and extinction of legal norms (rules, standards, or principles). Legislators and lawmakers argue about the creation and extinction of norms, or, more technically, about the enactment and abrogation of norms by the...
