Skip to main content
SpringerLink
Log in

Methods of Legal Reasoning

  • Book
  • © 2006

Overview

Authors:
  1. Jerzy Stelmach
    View author publications

    You can also search for this author in PubMed   Google Scholar

  2. Bartosz Brozek
    View author publications

    You can also search for this author in PubMed   Google Scholar

  • The only book that covers four major philosophies of legal reasoning (logic, analysis, argumentation, hermeneutics)
  • Shows the philosophical basis for any theory of legal reasoning
  • Reports interdisciplinary research (philosophy, theory of law, economics, legal dogmatics)
  • Combines the perspectives of Anglo-American and continental legal theory
  • Covers topics which are less known and explored in the English literature

Part of the book series: Law and Philosophy Library (LAPS, volume 78)

This is a preview of subscription content, log in via an institution to check access.

Access this book

Log in via an institution
eBook USD 84.99
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 109.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access

Licence this eBook for your library

Institutional subscriptions

Table of contents (6 chapters)

  1. Front Matter

    Pages i-ix
    Download chapter PDF

  2. Controversy over Legal Method in the Nineteenth and Twentieth Centuries

    Pages 1-15

  3. Logic

    Pages 17-67

  4. Analysis

    Pages 69-109

  5. Argumentation

    Pages 111-165

  6. Hermeneutics

    Pages 167-209

  7. Methods of Legal Reasoning from a Postmodern Perspective

    Pages 211-221

  8. Back Matter

    Pages 223-234
    Download chapter PDF
Back to top

Keywords

About this book

Anyone reflecting on the methodology of legal reasoning faces a difficult task. The number of methodological theories in jurisprudence and the vast literature on the subject are not the only problems that have to be taken into account. Perhaps the most striking difficulty concerning the methodology of legal argument is the heated debate between jurists, legal theorists and philosophers of law that has been recurring since at least nineteenth century. Therefore a justification is needed for writing yet another book c- cerning the methods of legal reasoning; a book that aims to cover a lot of what has already been proposed in legal theory. We believe that there is such a justification. First, the perspective that we adopt in the present book is unique, at least in some respects. We venture to look at the methodology of legal reasoning “from the outside”, i.e. from a more g- eral, philosophical perspective, while taking into account the “hard re- ity” of law. This perspective enables us to ask questions about the justification for the methods of legal argument presented. Second, we do not want to defend one, paradigmatic conception of legal reasoning. On the contrary, we put forward the thesis that there is a plurality of argumentative methods. The plurality, however, does not lead to relativism in legal decision-making. Third, we reject any hierarchy of the methods of legal reasoning, and take the view that one can speak only of the precision and flexibility of different methodologies.

Bibliographic Information

Publish with us

Policies and ethics

Back to top

Search

Navigation