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Full-Text Articles in Legal History

Levels Of Abstraction In Legal Thinking, Michael Evan Gold Jan 2018

Levels Of Abstraction In Legal Thinking, Michael Evan Gold

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[Excerpt] This article applies the concept of levels of abstraction to legal thinking. Perhaps the most important use of the concept is to constrain judicial lawmaking in a principled way.

Level of abstraction refers to:

  • the numbers of persons and transactions that generate an issue,

  • the numbers of persons and transactions of which a piece of evidence is true,

  • the numbers of persons and transactions to which an argument applies, and

  • the numbers of persons and transactions that are affected by the resolution of an issue.

In general, the more persons and transactions to which an issue and its resolution ...


The Development Of American Ideals: Three Bills Of Rights, Milton R. Konvitz Jan 1998

The Development Of American Ideals: Three Bills Of Rights, Milton R. Konvitz

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Developments that sparked the most consequential constitutional controversies in American history have enriched the nation with a second and third Bill of Rights