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A Short Introduction to Judging and to Legal Reasoning
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 themselves (the internal view); and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist (the external view). Combining cases and materials with original text, this unique, concise format is designed for students who are starting out on their law programmes, as well as for students and researchers who would like to examine judging and legal reasoning in more depth.
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Critical Acclaim
Contents
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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 science epistemologist or humanities specialist.
Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regula 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 programmes, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.
Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regula 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 programmes, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.
Critical Acclaim
‘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 medieval 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
‘To sum up, Samuel has created a concise guide to judging and to legal reasoning that will leave the reader with sufficient knowledge and wish to explore this area in more depth. . . This book is recommended to law students and practitioners alike.’
– European Journal of Legal Studies
– 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
‘To sum up, Samuel has created a concise guide to judging and to legal reasoning that will leave the reader with sufficient knowledge and wish to explore this area in more depth. . . This book is recommended to law students and practitioners alike.’
– European Journal of Legal Studies
Contents
Contents: Preface Introduction 1. What Judging and Legal Reasoning Have Been 2. Judging and Legal Reasoning Today (‘Official Portrait’) (1) 3. Judging and Legal Reasoning Today (‘Official Portrait’) (2) 4. The ‘Unofficial Portrait’ 5. The Relationship Between the Official and Unofficial Portraits (1) 6. The Relationship Between the Official and Unofficial Portraits (2) Conclusions Index
