Legal Reasoning
  • Publication Date: March 2, 2001
  • ISBN: 9781551114224 / 1551114224
  • 176 pages; 5¼" x 8½"
Exam Copy

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Availability: Worldwide

Legal Reasoning

  • Publication Date: March 2, 2001
  • ISBN: 9781551114224 / 1551114224
  • 176 pages; 5¼" x 8½"

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).


“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


I The Study of Legal Reasoning

  • Discovery and Justification in Science and Law
    Explanatory and Justifying Reasons
    Reasoned Decisions

II Types of Legal Argument

  • Two Perspectives: An Interpretation
    Forms of Argument
    Argument By Analogy
    Kinds of Reasons
    Practical Reasoning
    Conflicting Decisions

III Precedent and Analogy

  • Adherence to Precedent
    Argument by Analogy: Interpretations and revision
    Case Law Development

Bibliographic essay. (Updated for the Broadview edition)


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