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Demystifying Legal Reasoning: Part Ii, Larry Alexander, Emily Sherwin
Demystifying Legal Reasoning: Part Ii, Larry Alexander, Emily Sherwin
Cornell Law Faculty Publications
"Demystifying Legal Reasoning" defends the proposition that there are no special forms of reasoning peculiar to law. Legal decisionmakers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. Part II (abstracted here) addresses common law reasoning, when prior judicial decisions determine the law. Part III addresses interpretation of texts. We conclude that, in both areas, the popular view that legal decisionmakers practice special forms of reasoning are false.
In Chapter 2, we propose that there are two plausible models of common law reasoning, …