In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles-including that of judicial psychology. The primary focus, however, is on the ‘logic' of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).

Comments:

"Golding's Legal Reasoning is not only the best book in its field, but the only book of its kind." - Professor Ronald Moore, University of Washington

Martin P. Golding is Professor of Philosophy and Law at Duke University.

Academics please note that this is a title classified as having a restricted allocation of complimentary copies; complimentary copies remain readily available to adopters and to academics very likely to adopt this title in the coming academic year. When adoption possibilities are less strong and/or further in the future, academics are requested to purchase the title with the proviso that Broadview will happily refund the purchase price (with or without a receipt) if the book is indeed adopted.

Table of Contents: [Back to Top]

Preface

Citations

 

I The Study of Legal Reasoning

Discovery and Justification in Science and Law

Explanatory and Justifying Reasons

Reasoned Decisions

Materials

 

II Types of Legal Argument

Two Perspectives: An Interpretation

Forms of Argument

Argument By Analogy

Kinds of Reasons

Practical Reasoning

Conflicting Decisions

Materials

 

III Precedent and Analogy

Adherence to Precedent

Argument by Analogy: Interpretations and revision

Case Law Development

Materials

 

Bibliographic essay. (Updated for the Broadview edition)

 

Index