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Legal reasoning : collected essays

2011 HSC Legal Studies. Band 5/6. Sample 2. The response examples including legislation, media and case Hsc Legal Studies Family Law Essay law. More sustained depth of analysis would

They present a comprehensive and original account of legal reasoning as done by judges,

Family Law Notes. 14 Pages. Family Law Hsc Legal Studies Family Law Essay Notes. This student studied: HSC - Year 12 Hsc Legal Studies Family Law Essay - Legal Studies. Thorough and concise notes in regards to Family Law.

Logic for Legal Reasoning Pinterest

To what extent do a judge's personal, political, or moral biases affect his legal reasoning?

Family Law Notes. 14 Pages. Family Law Notes. This student Hsc Legal Studies Family Law Essay studied: HSC - Year 12 - Legal Studies. Thorough and concise notes in regards to Family Law.

It also contains several leading articles that explain the role of probabilistic judgments and presumptions in various types of legal arguments, including the laws of evidence and criminal procedure.

Legal Reasoning Essay Examples | Kibin

Cover image for Legal Argumentation and Evidence By Douglas Walton Law School Toolbox

The use of analogies in law, then, serves to compensate for some ofthe indeterminacy which flows from fragmented materials and thepluralism of decision-makers. That a close analogy exists usuallyprovides a good reason for deciding the case the same way, since itrenders the law more replicable than it would otherwise be, andenables lawyers to predict more accurately how a situation will betreated by the law. Of course, this is only a relative value:analogies can be defeated by other considerations if there is a goodbasis for distinguishing, or if its merits are too weak.

Analogical reasoning helps to make the outcome of cases morepredictable by giving weight to existing legal decisions anddoctrines. But it only does so against a certain background, one wheredespite decision-makers not sharing a uniform normative outlook, thereis a large measure of agreement on the existence and importance ofcertain values. A certain level of agreement is required fordecision-makers to see a case as analogous, since that restson what they judge to be the proper justification for the earlierdecision. It also means that while they may disagree on the resolutionreached in various cases, the disagreement is unlikely to be profound,but reasonable. (For an argument that this requirement can beoverstated, see Sunstein 1993, 769–73).

An example of inductive reasoning is: All observed children like to play with Legos.
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Legal Reasoning: Essays and Materials in Law and Philosophy [Martin P

It should be noted that some legal theorists, most notably forpresent purposes Ronald Dworkin, do not carve up the questions andissues on this topic in the way outlined above. For Dworkin, whenjudges decide a case according to law, they do no more than ascertainthe content of the law and apply it to the facts of the case. In otherwords, judges never resort to extra-legal considerations in decidingcases according to law: all the considerations which they are entitledto take into account are part of the law. This means that, according toDworkin, when judges reason about the law in sense (b), what they aredoing amounts to no more nor less than reasoning about the law in sense(a), i.e. reasoning to establish the content of the law (see Dworkin1977 & 1986).

FREE Legal Reasoning Essay - Example Essays

This entry is concerned with legal reasoning in senses (a) and (b),and with sense (b) in particular. It should be noted that thediscussion does not directly address the different accounts of thenature and limits of law which are revealed by those varying viewsmentioned above regarding what it is that judges do when they reasonabout the law in sense (b). Where such differences have a bearing uponissues pertaining to the role of interpretation and coherence in legalreasoning, they will be mentioned in the text. For further discussionof the nature and limits of law, see various entries under natureof law in this volume.

Legal Reasoning: Collected Essays - E Street

Specifically, deductive reasoning takes individual factors, weighs them against the current knowledge about such things, and adds them up to come to a conclusion. There are three parts to deductive reasoning. The first is the PREMISE. A premise is a basic fact or belief that is used as the basis for drawing conclusions. There may be several PREMISES in an argument. The second part is called EVIDENCE. The evidence is the information you have before you, whether it is a story you are analyzing or something you have observed. The last part is the CONCLUSION. The conclusion is your final analysis of the situation, based on balancing PREMISES with EVIDENCE. A simplified example might be as follows:

Law and Legal Reasoning Essay Dissertation Help | Write …

We use deductive reasoning quite commonly in day-to-day life. For example, say you look out your window some morning and see the street is wet. There are several ways you could interpret this information. You might assume a large water truck has just driven by, inundating the area with spray. Possibly, you may decide that water has soaked up from the ground. Most likely, however, you will likely decide that it has rained. Why? Based on your life experience and likely factors, the most logical deduction is that a wet street is the result of rainfall. There are other possibilities, but the most logical deduction is rain. If, however, you were SURE that there had been no rain, or you were aware of a street cleaning program, your deduction would change appropriately. Deductive reasoning takes the MOST REASONABLE, LIKELY path, but is not necessarily fool-proof. Deductive reasoning is commonly used in police work, investigative reporting, the sciences (including medicine), law, and, oddly enough, literary analysis.

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