A Primer on Legal Reasoning

Front Cover
Cornell University Press, Nov 15, 2018 - Law - 360 pages

After years of teaching law courses to undergraduate, graduate, and law students, Michael Evan Gold has come to believe that the traditional way of teaching – analysis, explanation, and example – is superior to the Socratic Method for students at the outset of their studies.

In courses taught Socratically, even the most gifted students can struggle, and many others are lost in a fog for months. Gold offers a meta approach to teaching legal reasoning, bringing the process of argumentation to the fore.

Using examples both from the law and from daily life, Gold's book will help undergraduates and first-year law students to understand legal discourse. The book analyzes and illustrates the principles of legal reasoning, such as logical deduction, analogies and distinctions, and application of law to fact, and even solves the mystery of how to spot an issue.

In Gold's experience, students who understand the principles of analytical thinking are able to understand arguments, to evaluate and reply to them, and ultimately to construct sound arguments of their own.

 

Selected pages

Contents

Introduction
s Case
Issues
Identifying the Governing Rule of
al to Bargain Case
es of Second Thoughts
Levels of Abstraction
Review
References
Distinctions
Merely Identifying Differences of Fact Does Not Distinguish a Precedent
The Uses of Distinctions
Review
Holding and Dictum
Reductios ad Absurdum
The Criteria of a Sound Reductio ad Absurdum

Deduction
Hypothetical Syllogisms
haedo
Induction
Arguments in General
Review
Arguments Classified by Function
Arguments Based on Evidence
Policy Arguments
Evaluating Policy Arguments
Doctrinal Arguments
Review
Analogies and Precedents
Truncated Analogies
The Uses of Analogies
Subjective and Objective Standards
Interpreting Statutes
B The Principle of Wholeness
Prima Facie Case Affirmative Defense Burden of Proof
Defenses
References
Application of Law to Fact
Application of Law to Fact Using Precedent
Review
A Model of Legal Argument
Issues of Fact
The Value of the Model
Answers
Copyright

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About the author (2018)

Michael Evan Gold holds a BA from the University of California at Berkeley and a JD from the Stanford Law School. He is presently Associate Professor of Labor Relations, Law, and History in the ILR School at Cornell University. He is the author of A Dialogue on Comparable Worth, An Introduction to Labor Law, and An Introduction to the Law of Employment Discrimination.

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