Reason In Law: Eighth Edition by Lief H. CarterReason In Law: Eighth Edition by Lief H. Carter

Reason In Law: Eighth Edition

byLief H. Carter, Thomas F. Burke

Paperback | May 22, 2015

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Over the years, Reason in Law has established itself as the leading textbook for courses in legal reasoning, a critical aspect of the rule of law. This eighth edition brings the book’s analyses and examples fully up to date, adding new cases while retaining old ones whose lessons remain potent. It takes full account of the dramatic changes--and challenges--to legal reasoning that emerged from the Bush administration’s attempts to fight terrorism and also explores recent conflicts over same-sex marriage, gun control, hate crimes, and climate change.  The result is an indispensable introduction to an issue that lies at the heart of the workings of the law.
Title:Reason In Law: Eighth EditionFormat:PaperbackDimensions:208 pages, 9 × 6 × 0.8 inPublished:May 22, 2015Publisher:University Of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:022634049X

ISBN - 13:9780226340494


Table of Contents

1 What Legal Reasoning Is, and Why It Matters
An Overview of Law and Politics
A Definition of Law
A Definition of Legal Reasoning
Legal Reasoning Does Not Discover the “One Right Answer.”
The Four Elements of Legal Reasoning
Sources of Official Legal Texts
The Choices That Legal Reasoning Confronts
Illustrative Case
Questions about the Case
2 Change and Stability in Legal Reasoning
Sources of Unpredictibility in Law
Is Unpredictability in Law Desirable?
Vertical and Horizontal Stare Decisis: A Stabilizing and Clarifying Element in Law.
Illustrative Cases
Questions about the Cases
3 Common Law
Origins of Common Law
Reasoning by Example in Common Law
Keeping the Common-Law Tradition Alive
The Common-Law Tradition Today
Illustrative Case
Questions about the Case
4 Statutory Interpretation
What are Statutes?
Four Misguided Approaches to “First Instance” Statutory Interpretation
Purpose: The Key to Wise Statutory Interpretation
Stare Decisis in Statutory Interpretation
A Summary Statement of the Appropriate Judicial Approach to Statutory Interpretation
Illustrative Case
Questions about the Case
5 Interpreting the United States Constitution
“The Supreme Law of the Land”
Conventional Legal Reasoning in Constitutional Interpretation
Judicial Review and Democratic Theory
The Turn to Individual Dignity
Illustrative Case
Questions about the Case
6 Law and Politics
The Rule of Law
Three Threats to the Rule of Law
The Rule of Law as Liberal Justification
Illustrative Case
Appendix A: Introduction to Legal Procedure and Terminology
Appendix B: Law and Politics: The Rule of Law and the Bush Administration