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Books on the topic 'Methods and theories of legal reasoning'

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Published: 4 June 2021

Last updated: 1 February 2022

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U, Frank Andrew, Campari I, and Formentini U, eds. Theories and methods of spatio-temporal reasoning in geographic space. Berlin: Springer-Verlag, 1992.

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Frank, A. U., I. Campari, and U. Formentini, eds. Theories and Methods of Spatio-Temporal Reasoning in Geographic Space. Berlin, Heidelberg: Springer Berlin Heidelberg, 1992. http://dx.doi.org/10.1007/3-540-55966-3.

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Jan-Reinard, Sieckmann, and International Association for Philosophy of Law and Social Philosophy. World Congress, eds. Legal reasoning - the methods of balancing: Proceedings of the Special Workshop "Legal Reasoning: the Methods of Balancing" held at ... Beijing, 2009. Stuttgart: Franz Steiner, 2010.

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1974-, Zomorodian Afra J., ed. Advances in applied and computational topology: American Mathematical Society Short Course on Computational Topology, January 4-5, 2011, New Orleans, Louisiana. Providence, R.I: American Mathematical Society, 2012.

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Sirotkin, Sergey, and Natal'ya Kel'chevskaya. Economic evaluation of investment projects. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1014648.

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The tutorial focuses on challenges of economic evaluation of investment projects. It provides both theoretical and methodological foundations of economic evaluation of investment projects and required a substantial mathematical reasoning. Lighted the economic substance of the investment structure of the investment project, commercial efficiency and financial marketability, and methods of evaluation of investment project risks. The material is presented using the normative legal documents, in particular the Tax code of the Russian Federation, Federal laws, accounting regulations and other sources and meets the requirements of Federal state educational standards of higher education of the last generation. For students, postgraduates and teachers of economic universities (departments), researchers and practitioners, experts in the field of investment activities of organizations.

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Brozek, Bartosz, and Jerzy Stelmach. Methods of Legal Reasoning. Springer, 2011.

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Methods of legal reasoning. Springer Netherlands, 2006. http://dx.doi.org/10.1007/1-4020-4939-0.

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Brozek, Bartosz, and Jerzy Stelmach. Methods of Legal Reasoning (Law and Philosophy Library). Springer, 2006.

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Scott, Brewer, ed. Evolution and revolution in theories of legal reasoning: Nineteenth century through the present. New York: Garland Pub., 1998.

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Evolution and Revolution in Theories of Legal Reasoning: Nineteenth Century Through the Present (Philosophy of Legal Reasoning: A Collection of Essays by Philosophers and Legal Scholars). Routledge, 1998.

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Frank, Andrew U., and I. Campari. Theories and Methods of Spatio-Temporal Reasoning in Geographic Space: International Conference Gis-From Space to Territory : Theories and Methods of (Lecture Notes in Computer Science). Springer, 1992.

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(Editor), Andrew U. Frank, Irene Campari (Editor), and Ubaldo Formentini (Editor), eds. Theories and Methods of Spatio-Temporal Reasoning in Geographic Space: International Conference GIS - From Space to Territory: Theories and Methods of ... (Lecture Notes in Computer Science). Springer, 1992.

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Lagnado, David A., and Tobias Gerstenberg. Causation in Legal and Moral Reasoning. Edited by Michael R. Waldmann. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199399550.013.30.

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Causation looms large in legal and moral reasoning. People construct causal models of the social and physical world to understand what has happened, how and why, and to allocate responsibility and blame. This chapter explores people’s common-sense notion of causation, and shows how it underpins moral and legal judgments. As a guiding framework it uses the causal model framework (Pearl, 2000) rooted in structural models and counterfactuals, and shows how it can resolve many of the problems that beset standard but-for analyses. It argues that legal concepts of causation are closely related to everyday causal reasoning, and both are tailored to the practical concerns of responsibility attribution. Causal models are also critical when people evaluate evidence, both in terms of the stories they tell to make sense of evidence, and the methods they use to assess its credibility and reliability.

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Bhat, P. Ishwara. Idea and Methods of Legal Research. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199493098.001.0001.

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Legal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic, and analytical in their approach. Idea and Methods of Legal Research unearths how the thinking process is to be streamlined in research, how a theme is built on the basis of comprehensive and intensive study, and the paths through which notions of objectivity, feminism, ethics, and purposive character of knowledge are to be understood. The book first explains the meaning, evolution, and scope of legal research, and discusses objectivity and ethics in legal research. It engages with the requirements, advantages, and limits of various doctrinal and non-doctrinal methods and tools, and the points to be considered in selecting a suitable method or combination of methods. It highlights analytical, historical, philosophical, comparative, qualitative, and quantitative methods of legal research. The book then goes on to discuss the use of multi-method legal research, policy research, action research, and feminist legal research and finally, reflects on research-based critical legal writing, as opposed to client-related legal writing. This book, thus, is a comprehensive answer to key questions one faces in legal research.

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Gibson, James L., and Michael Nelson. Black and Blue. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190865214.001.0001.

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It is not hyperbole to proclaim that a crisis of legal legitimacy exists in the relationships between African Americans and the law and legal authorities and institutions that govern them. However, this legitimacy deficit has largely (but not exclusively) been documented through anecdotal evidence and a steady drumbeat of journalistic reports, but not rigorous scientific research. We posit that both experiences and in-group identities are commanding because they influence the ways in which black people process information, and in particular, the ways in which blacks react to the symbols of legal authority (e.g., judges’ robes). Based on two nationally-representative samples, this book ties together four dominant theories of public opinion: Legitimacy Theory, Social Identity Theory, theories of adulthood political socialization and learning through experience, and information processing theories, especially the Theory of Motivated Reasoning and theories of System 1 and System 2 information processing. Our findings reveal a gaping chasm in legal legitimacy between black and white Americans. More importantly, black people themselves differ in their legal legitimacy. Group identities and experiences with legal authorities play a crucial role in shaping whether and how black people extend legitimacy to the legal institutions that so much affect them.

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Braman, Eileen. Cognition in the Courts. Edited by Lee Epstein and Stefanie A. Lindquist. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199579891.013.31.

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This chapter critically evaluates how experiments are used to study cognitive processes involved in legal reasoning. Looking at research on legal presumptions, heuristic processing, and various types of bias in judicial decision-making, the analysis considers how experiments with judges, lay participants, and other legally trained populations have contributed to our understanding of the psychological processes involved in fact-finding and legal decision-making. It explores how behavioral economics, dual process models, cultural cognition, and motivated reasoning frameworks have been used to inform experimental research. The chapter concludes with a discussion of what findings add to our normative understanding of issues like accuracy and neutrality in decision-making and a call to better integrate knowledge gained through experimental methods across disciplinary boundaries.

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Kacprzak, Agnieszka. Rhetoric and Roman Law. Edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.013.16.

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This chapter surveys the methods of constructing rational arguments taught in the schools of rhetoric and their impact on juridical argumentation. It surveys: the place of rhetoric in legal education; the basic tools of rhetorical invention, i.e. rhetorical syllogism and induction, general schemes of inference on which singular arguments depended (topoi), and types of questions on which court debates could concentrate (status); the difficulties one is likely to encounter when trying to identify traces of rhetorical teaching in legal sources. It is the contention of this chapter that such attempts are hardly successful, since rhetorical theory codifies, classifies, and to a lesser degree analyses types of argumentation people intuitively use, rather than create them. The mere fact that a jurist applied some pattern of reasoning as described in rhetorical handbooks is insufficient evidence to conclude either that he had some sort of rhetorical education or that he knew rhetorical theory.

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Dusenbury, David Lloyd. Nemesius of Emesa on Human Nature. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198856962.001.0001.

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Nemesius of Emesa’s On Human Nature (De Natura Hominis) is the first Christian anthropology. Written in Greek, circa 390 CE, it was read in half a dozen languages—from Baghdad to Oxford—well into the early modern period. Nemesius’ text circulated in two Latin versions in the centuries that saw the rise of European universities, shaping scholastic theories of human nature. During the Renaissance, it saw a flurry of print editions, helping to inspire a new discourse of human dignity. This is the first monograph in English on Nemesius’ treatise. On the interpretation offered here, the Syrian bishop seeks to define the human qua human. His early Christian anthropology is cosmopolitan. ‘Things that are natural’, he writes, ‘are the same for all’. In his pages, a host of texts and discourses—biblical and medical, legal and philosophical—are made to converge upon a decisive tenet of Christian late antiquity: humans’ natural freedom. For Nemesius, reason and choice are a divine double-strand of powers. Since he believes that both are a natural human inheritance, he concludes that much is ‘in our power’. Nemesius defines humans as the only living beings who are at once ruler (intellect) and ruled (body). Because of this, the human is a ‘little world’, binding the rationality of angels to the flux of elements, the tranquillity of plants, and the impulsiveness of animals. This book traces Nemesius’ reasoning through the whole of On Human Nature, as he seeks to give a long-influential image of humankind both philosophical and anatomical proof.

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List, Christian, and Laura Valentini. The Methodology of Political Theory. Edited by Herman Cappelen, Tamar Szabó Gendler, and John Hawthorne. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199668779.013.10.

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This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories (e.g. the reflective-equilibrium method), for the purpose of justifying or criticizing them. Finally, it looks at a recent debate on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science.

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Baskind, Eric, Greg Osborne, and Lee Roach. Commercial Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825975.001.0001.

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Commercial Law offers a fresh, modern, and stimulating account of the subject, thereby helping students better understand this important area of law. It provides thorough coverage of all key aspects of the syllabus, including the law of agency, the sale of goods, international trade, and methods of payment, finance, and security. A range of learning features is employed throughout the book to encourage understanding of the law, and to demonstrate how the principles behind it play out in practical domestic and international commercial transactions. Practical, fictional case studies are referred to in example boxes throughout the book, demonstrating the types of legal issues and problems that the law is intended to regulate, and helping students to understand the context and practical application of the law. The book includes: regular case boxes throughout the text to highlight cases of importance, providing a succinct account of the material facts of the case, a clear account of the court’s decision and reasoning, and, where appropriate, commentary on the decision; key legislation boxes to help students understand which statutory provisions are of fundamental importance; and definitions of key terms, which appear in the margins the first time the term is used, thus ensuring that students are not confused by the terminology of the subject.

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Frankenberg, Günter. Critical Histories of Comparative Law. Edited by Markus D. Dubber and Christopher Tomlins. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198794356.013.4.

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This chapter considers the history of comparative law. The birth of comparative law as a discipline can be traced back to the year 1900, when the Congrès International de Droit Comparé in Paris raised it above the level of singular, disparate, albeit remarkable studies and treatises to a collective, concerted venture guided by theories, methods, and projects. Before 1900 there was little interest in systematic legal comparison. Comparative law was marked, in the Western comparative community, by a significant inferiority syndrome. Comparatists felt neither adequately recognized by their academic peers nor sufficiently represented in the law school curriculum. Today, the (changing) reality of curricular marginality and comparative law’s growing popularity appears to nourish the hope for the well-deserved invitation to the field of the legal sciences.

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Canevaro, Mirko, Andrew Erskine, Benjamin Gray, and Josiah Ober, eds. Ancient Greek History and Contemporary Social Science. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9781474421775.001.0001.

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Social scientists and political theorists have recently come to realize the potential importance of the classical Greek world and its legacy for testing social theories. Meanwhile, some Hellenists have mastered the techniques of contemporary social science. They have come to recognize the value of formal and quantitative methods as a complement to traditional qualitative approaches to Greek history and culture. Some of the most exciting new work in social science is now being done within interdisciplinary domains for which recent work on Greece provides apt case studies. This book features essays examining the role played by democratic political and legal institutions in economic development; the potential for inter-state cooperation and international institutions within a decentralized ecology of states; the relationship between state government and the social networks arising from voluntary associations; the interplay between political culture, informal politics, formal institutions and political change; and the relationship between empirical and formal methods of analysis and normative political theory. In sum, this book introduces readers to the emerging field of “social science ancient history.”

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