Demystifying Legal Reasoning

ISBN: 9780521703956 出版年：2008 页码：263 Alexander Sherwin Cambridge University Press

Part I. Law and its Function: 1. Moral controversy Part II. Common Law Reasoning: Deciding Cases When Prior Judicial Decisions Determine the Law: 2. Ordinary reason applied to law: natural reasoning and deduction from rules 3. The mystification of common-law reasoning 4. Common law practice Part III. Reasoning from Canonical Legal Text: 5. Interpreting statutes and other posited rules 6. Infelicities of the intended meaning of canonical texts and norms constraining interpretation 7. Non-intentionalist interpretation 8. Is constitutional interpretation different? Why it isn't and is 9. All or nothing.