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An introduction to legal reasoning

An introduction to legal reasoning

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Case law, according to Levi, advances in three stages: “similarity is seen between cases; then the rule of law inherent in the first case is announced; finally, the rule of law is made applicable to the second case” (2). This is known as “reasoning by example,” and Levi uses concrete examples of hazardous object liability cases to trace the evolution of the definition of an inherently dangerous object and its applicability. Finally, “the acceptance of an idea by a court represents the community’s power structure” (6).
Levi’s argument is that in early cases, decisions are taken without consideration for all-encompassing principles—or, if they are inferred, they are invariably short-sighted. Such concepts are found, refined, and ultimately extended to even later cases by future cases. Most recent cases can be resolved using entirely different rules than those used in earlier cases as a result of these procedures.
Such a method seems to be analogous to the evolution of scientific theories: early theories, such as the omnipresent “ether,” sought to explain the propagation of light until subsequent observations and circumstances necessitated the creation of new theories to accommodate new findings. As a result, newer theories are more expansive, rendering older theories obsolete in most cases or even contradicting them.

An introduction to legal reasoning levi summary

Gives prominence to Mr. Justice Holmes’ Prediction Theory of the law as a realistic, relaxed, and familiar way for businesspeople to think about the law (by contrast to forecasting in finance and other functional areas of business). A prediction of what the relevant facts proving the existence or absence of certain concepts or principles would turn out to be is what law is known as. The forecast of concepts is based on a hierarchy of sources, starting with legislation and progressing through an analysis of case precedent and considerations of social advantage.

The force of law

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Little Brown & Co Law & Business, Little Brown & Co Law & Business, Little Brown & Co Law & Business, Little Brown & Co Law & Business, Little GOOD CONDITION Reading wear on the spine, binding, and pages. There may be any marginalia, underlining, or highlighting that affects the text. If it’s an ex-library copy, it’ll have the library’s marks and stickers on it. CDs, passwords, and toys, for example, may not be included. 3261096448 is the number assigned to the seller’s inventory.

An introduction to legal reasoning pdf

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