Atjaunināt sīkdatņu piekrišanu

Short Introduction to Judging and to Legal Reasoning [Mīkstie vāki]

  • Formāts: Paperback / softback, 208 pages, height x width: 234x156 mm
  • Izdošanas datums: 25-Aug-2017
  • Izdevniecība: Edward Elgar Publishing Ltd
  • ISBN-10: 1785368591
  • ISBN-13: 9781785368592
  • Mīkstie vāki
  • Cena: 44,24 €
  • Grāmatu piegādes laiks ir 3-4 nedēļas, ja grāmata ir uz vietas izdevniecības noliktavā. Ja izdevējam nepieciešams publicēt jaunu tirāžu, grāmatas piegāde var aizkavēties.
  • Daudzums:
  • Ielikt grozā
  • Piegādes laiks - 4-6 nedēļas
  • Pievienot vēlmju sarakstam
  • Formāts: Paperback / softback, 208 pages, height x width: 234x156 mm
  • Izdošanas datums: 25-Aug-2017
  • Izdevniecība: Edward Elgar Publishing Ltd
  • ISBN-10: 1785368591
  • ISBN-13: 9781785368592
This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist.

Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy.

Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.

Recenzijas

'In this useful and timely book Geoffrey Samuel offers to his readers a new understanding of the rich complexity of legal reasoning - an understanding that has sometimes been lacking in accounts of law written from a single perspective. Professor Samuel has made excellent use of his wide and deep knowledge of Roman law, of English legal history, of modern English law, and of mediaeval and modern civil law. The book is well set out, with clear, concise, and apt quotations throughout.' --Stephen Waddams, University of Toronto, Canada'A wonderful idea and a stimulating book! Harmonization of Law in Europe will only come to life if students and practitioners begin to understand how judges think about cases. Geoffrey Samuel's unique ability to teach and understand both French law and continental perspectives, as well as English law allows him to give invaluable insight on legal methodology both for English and civil law lawyers. This book is the result of a large historical and methodological knowledge, of a deep understanding of decision-making processes and of a tremendous work with cases. Just remarkable!' --Pascal Pichonnaz, University of Fribourg, Switzerland

Preface vii
Acknowledgements viii
Table of cases and practice directions
ix
Table of statutory texts
xiii
Introduction 1(4)
1 What judging and legal reasoning have been
5(31)
1.1 Roman legal reasoning
5(3)
1.2 Medieval jurists
8(3)
1.3 Later jurists
11(4)
1.4 Legal reasoning in the later civil law
15(5)
1.5 Legal formalism (dogmatics)
20(3)
1.6 Common lawyers
23(3)
1.7 Legal reasoning in the common law
26(5)
1.8 Interpretation of statutes
31(2)
1.9 Legacy of the past
33(3)
Further reading and questions
34(2)
2 Judging and legal reasoning today (`official portrait') (1)
36(19)
2.1 Rule model
36(1)
2.2 Applying the rule model
37(2)
2.3 Interpretation model
39(1)
2.4 Interpreting texts
40(7)
2.5 Rules of interpretation
47(3)
2.6 Interpreting cases
50(5)
Further reading and questions
53(2)
3 Judging and legal reasoning today (`official portrait') (2)
55(28)
3.1 Rights model
55(4)
3.2 Abuse of rights
59(1)
3.3 Policy model
60(5)
3.4 Interest model
65(4)
3.5 Remedies model
69(5)
3.6 Equitable remedies
74(3)
3.7 Remedies and reasoning
77(2)
3.8 Reflections on the official portrait
79(4)
Further reading and questions
82(1)
4 The `unofficial portrait'
83(26)
4.1 Realist vision
83(4)
4.2 Facts and reasoning
87(3)
4.3 Fact reconstruction and remedies
90(1)
4.4 Interpretation and schemes of intelligibility
91(3)
4.5 Reasoning through images
94(3)
4.6 Reasoning and the persona
97(6)
4.7 Excursus: persona and fiction
103(2)
4.8 Image: construction and representation (representation theory)
105(4)
Further reading and questions
108(1)
5 The relationship between the official and unofficial portraits (1)
109(22)
5.1 Authority paradigm
109(7)
5.2 Authority and coherence
116(2)
5.3 Authority and justice
118(2)
5.4 Authority and policy
120(2)
5.5 Authority and structuralism
122(4)
5.6 Authority as restraint
126(2)
5.7 Authority and evidence
128(3)
Further reading and questions
129(2)
6 The relationship between the official and unofficial portraits (2)
131(25)
6.1 Inquiry paradigm and schemes of intelligibility
131(3)
6.2 Explanation (causation) versus meaning (hermeneutics)
134(2)
6.3 Inquiry paradigm and human beings
136(3)
6.4 Level of observation
139(1)
6.5 Actionalism and methodological individualism
140(3)
6.6 Structuralism versus hermeneutics (reception theory)
143(5)
6.7 Postmodern and post-axiomatic approaches
148(3)
6.8 Law as fiction (fiction theory)
151(5)
Further reading and questions
155(1)
Conclusions 156(10)
Bibliography 166(3)
Index 169
Geoffrey Samuel, Professor Emeritus, Kent Law School, UK