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Handbook of Legal Reasoning and Argumentation

Edited by: Giorgio Bongiovanni, Gerald Postema, Antonino Rotolo, Giovanni Sartor, Chiara Valentini, Douglas Walton

ISBN13: 9789048194513
Published: July 2018
Publisher: Springer-Verlag
Country of Publication: The Netherlands
Format: Hardback
Price: £249.99

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This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at the different areas of legal reasoning. The handbook's division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types (and problems) of reasoning.

Legal Skills and Method
PART I - Basic Concepts for Legal Reasoning
Chapter 1 Reasons
John Broome
Chapter 2 Reasoning and Argumentation
Douglas Walton
Chapter 3 Action
John F. Horty or Michael Thompson
Chapter 4 Norms
Alan Gibbard or Ralph Wedgwood
Chapter 5 Values
Philip Pettitt
Chapter 6 Authority
Kenneth Himma
PART II - Kinds of Reasoning and the Law
Chapter 1 Deductive and Deontic Reasoning
Antonino Rotolo and Giovanni Sartor,
Chapter 2 Inductive and Abductive Reasoning
Burkhard Schafer
Chapter 3 Defeasible Reasoning
Giovanni Sartor, and Henry Prakken
Chapter 4 Case-based Reasoning and Reasoning by Analogy
Kevin Ashley or Trevor Bench-Capon,
Chapter 5 Teleological Reasoning and Individual Rational Choice
Lewis Kornhauser
Chapter 6 Interactive Decision Theory and Morality
Wojciech Zalusky or Christine Jolls
PART III - Special Kinds of Legal Reasoning
Chapter 1 Evidential Reasoning
Douglas Walton and Floris Bex
Chapter 2 Interpretative Arguments and the Application of the Law
Manuel Atienza and Giorgio Bongiovanni
Chapter 3
Constitutional Adjudication, Rights and Proportionality
Robert Alexy and Giorgio Bongiovanni
Chapter 4 Coherence and Systematization of Law
Jaap Haage or Maria Amalia Amaya Navarro
Chapter 5 Precedent and Legal Analogy
Kevin Ashley
Chapter 6 Efficiency, Economics and Rational Choice in the Law
Lewis Kornhauser