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Rethinking legal reasoning / Geoffrey Samuel.

By: Series: Rethinking lawPublisher: Cheltenham : Edward Elgar Publishing Limited, 2018Description: xvi, 386 p. ; 24 cmISBN:
  • 9781784712600 (hbk.)
Subject(s): DDC classification:
  • 340.1 SAM
Contents:
1. General introduction; 2. What was the contribution of the medieval civilians?; 3. What was the contribution of the Roman lawyers?; 4. What was the contribution of the later civilians and the common lawyers?; 5. What is the institutional legacy?; 6. What is the legal literature legacy?; 7. How do legal reasoners treat facts?; 8. Is legal reasoning like medical reasoning?; 9. Is legal reasoning like reasoning in film studies?; 10. Is legal reasoning based on fictions? -- Can legal reasoning be rethought?; 11. Rethinking legal reasoning: should jurists take interests more seriously?; 12. Should jurists take interests more seriously (continued)?.
Summary: "'Rethinking' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?"
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1. General introduction;
2. What was the contribution of the medieval civilians?;
3. What was the contribution of the Roman lawyers?;
4. What was the contribution of the later civilians and the common lawyers?;
5. What is the institutional legacy?;
6. What is the legal literature legacy?;
7. How do legal reasoners treat facts?;
8. Is legal reasoning like medical reasoning?;
9. Is legal reasoning like reasoning in film studies?;
10. Is legal reasoning based on fictions? -- Can legal reasoning be rethought?;
11. Rethinking legal reasoning: should jurists take interests more seriously?;
12. Should jurists take interests more seriously (continued)?.

"'Rethinking' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?"