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";s:4:"text";s:17436:"Thinking Like a Lawyer: A New Introduction to Legal Reasoning @inproceedings{Schauer2009ThinkingLA, title={Thinking Like a Lawyer: A New Introduction to Legal Reasoning}, author={F. Schauer}, year={2009} } When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. Bibliographic information. Schauer, Frederick F., 1946– Thinking like a lawyer : a new introduction to legal reasoning / Frederick Schauer. Includes bibliographical references and index. Title. I read this as a 0L and I'm glad that I did. This primer on legal reasoning is aimed at law students and upper-level undergraduates. Abstract. The Legal Analyst: A Toolkit for Thinking about the Law, The Tools of Argument: How the Best Lawyers Think, Argue, and Win, Law School Confidential: A Complete Guide to the Law School Experience: By Students, for Students, 1l of a Ride: A Well-traveled Professor's Roadmap to Success in the First Year of Law School (Career Guides), Getting To Maybe: How to Excel on Law School Exams, Reading Like a Lawyer: Time-Saving Strategies for Reading Law Like an Expert, One L: The Turbulent True Story of a First Year at Harvard Law School, The Bluebook: A Uniform System of Citation, 21st Edition, “This book will belong on every law professor's and law student's bookshelf―and on many others' bookshelves as well.”. It focuses mostly on the rationale behind court decisions and explains why decisions which seem unfair are actually in the broad scheme of things the right legal decision. Six stars. Schauer has some great insights and an easy to read writing style which makes his book accessible. People with some previous law knowledge may find the content too self-evident, however. Yet Schauer's book also offers the lawyer and scholar useful perspective on what he or she does.— Brian Leiter, Thinking Like a Lawyer is excellent reading material for anyone wishing a deeper and more nuanced--even a more magnanimous--understanding of the motivations behind law's often convoluted pronouncements.— John Azzolini. Find books Enter your mobile number or email address below and we'll send you a link to download the free Kindle App. A welcome complement to [Edward] Levi's approach, as well as being easier for the legal novice to understand. Thinking Like a Lawyer is well-designed to work for first-year law school classes. This was confirmed by their inclusion as one of six threshold learning outcomes (TLO) in Bachelor of Laws programs by the Learning and Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories. To get the free app, enter your mobile phone number. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. Paperback, NOOK Book. Please try again. Thinking Like a Lawyer: A New Introduction to Legal Reasoning. It covers the most important themes relating to law and legal reasoning, and manages to do so in ways that are accessible and thought-provoking.— Brian H. Bix, University of Minnesota, author of Jurisprudence: Theory and Context, Schauer is a leading scholar of jurisprudence and legal process, and his new book is as comprehensive, thorough, and sophisticated an introduction to legal reasoning as it is a lucid one. ISBN 0-674-03270-5 (alk. Your recently viewed items and featured recommendations, Select the department you want to search in. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values … About the author (2009) Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law. For Law Students Looking for the Big Picture, Reviewed in the United States on February 12, 2012. It also analyzes reviews to verify trustworthiness. University of Virginia professor Fredrick Schauer, in his book “Thinking like a Lawyer,” provides a framework useful in fulfilling Justice Holme’s prescription. Thinking Like a Lawyer : A New Introduction to Legal Reasoning by Frederick Schauer and Frederick F. Schauer (2009, Hardcover) The lowest-priced item that has been used or worn previously. This book will belong on every law professor's and law student's bookshelf--and on many others' bookshelves as well.— Lawrence A. Alexander, University of San Diego School of Law, author of Is There a Right of Freedom of Expression? Thinking Like a Lawyer: A New Introduction to Legal Reasoning (Harvard University Press, 2009). It is a great addition to Hart or Levi, but not a replacement. 7.1 Do Rules and Precedents Decide cases? It covers the most important themes relating to law and legal reasoning, and manages to do … Reviewed in the United States on May 21, 2020, Despite the product listing, text-to-speech is not enabled according to my Echo Dot, Reviewed in the United States on August 19, 2019, Reviewed in the United States on April 8, 2018, A perfect gap filler in market for beginners to law school, Reviewed in the United States on April 14, 2014. You're listening to a sample of the Audible audio edition. Thinking Like a Lawyer: A New Introduction to Legal Reasoning ... Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law. Foi uma sugestão que me chamou bastante atenção. This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. Professor Frederick Schauer examined whether thinking like a lawyer is unique to the legal profession at an alumni luncheon on April 30. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. p. cm. There's a problem loading this menu right now. A Good Mix of Theoretical Insight with Practical Value, Reviewed in the United States on June 4, 2017, “If man goes into law it pays to be a master of it, and to be a master of it means to look straight through all the dramatic incidents and to discern the true basis of prophecy” Oliver Wendell Holmes, Reviewed in the United States on July 23, 2014. It should be enlightening to the general reader as well, who will learn what, for better and perhaps for worse, distinguishes 'thinking like a lawyer' from other approaches to analyzing social problems. Please try your request again later. A better understanding of the machanisum of law, Amazing torch light which helps in dark legal system were these existing much more darker pillars on which stands the real structure of legal system. Download books for free. Unable to add item to List. thinking like a lawyer, which allows law students and educators to understand the law as it may apply to their particular situation or question and to predict what the law may require of them. Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required. Full content visible, double tap to read brief content. Some of what Schauer has to say is common sense, for example I thought much of chapter 2 was self-evident after reading a law 101 book, but I still think I learned enough to justify buying Schauer's book. Thinking Like a Lawyer: A New Introduction to Legal Reasoning Frederick Schauer This primer on legal reasoning is aimed at law students and upper-level undergraduates. Please check back later for updated availability. I. Current price is $22.08, Original price is $23. Valeu a dica. Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia. It should be enlightening to the general reader as well, who will learn what, for better and perhaps for worse, distinguishes 'thinking like a lawyer' from other approaches to analyzing social problems. K212.S325 2009 340′.1—dc22 2008035011 After viewing product detail pages, look here to find an easy way to navigate back to pages you are interested in. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. Thinking Like a Lawyer is well-designed to work for first-year law school classes. Recomendo também para todas as pessoas que desejam evoluir e serem melhores profissionais. Brief content visible, double tap to read full content. Thinking Like a Lawyer: A New Introduction to Legal Reasoning Frederick Schauer No preview available - 2009. Javascript is not enabled in your browser. This primer on legal reasoning is aimed at law students and upper-level undergraduates. Bring your club to Amazon Book Clubs, start a new book club and invite your friends to join, or find a club that’s right for you for free. Learn how to enable JavaScript on your browser, Thinking Like a Lawyer: A New Introduction to Legal Reasoning available in In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Please try again. reasoning” and thus teach “thinking skills,” what it means “to think like a lawyer,” and how to shape a professional legal identity. Thinking like a Lawyer, by Frederick Schauer, David and Mary Harrison Distinguished Professor of Law at #UVA, covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof, and is an original exposition of basic legal concepts that scholars and lawyers will find stimulating. However, considering its title, Thinking Like a Lawyer dedicates very few of its 234 pages to discussions on the thought processes of lawyers … I continue to be grateful to all of my students who continue to inspire this work and look forward to hearing from many of you as you use the new edition. Law—Methodology. This book will belong on every law professor's and law student's bookshelf—and on many others' bookshelves as well. Verified Purchase. It should be enlightening to the general reader as well, who will learn what, for better and perhaps for worse, distinguishes 'thinking like a lawyer' from other approaches … It should be enlightening to the general reader as well, who will learn what, for better and perhaps for worse, distinguishes 'thinking like a lawyer' from other approaches to analyzing social problems.— Sanford V. Levinson, University of Texas Law School, author of Our Undemocratic Constitution: Where the Constitution Goes Wrong. 7.2 Does Doctrine Constrain Even if It Does Not Direct? It was a very good introduction for me (the fundamental difference between rule-based and precedent law systems were particularly eye-opening for me). Thinking Like a Lawyer is by far the best available introduction to legal reasoning, of interest to law students and their teachers alike. It also discussed jurisdiction in terms of authority and burden of proof and the chapters on those subjects were illuminating. Reviewed in the United States on 12 February 2012. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. I am not a lawyer but I like Schauer's very exhaustive style of arguments. It covers the most important themes relating to law and legal reasoning, and manages to do so in ways that are accessible and thought-provoking. Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. It would make a great gift for any second-year law student who wants to step back from her 1,000-page casebooks and make sense of the basic building blocks of the law. Reviewed in the United States on January 28, 2013. Thinking Like a Lawyer: A New Introduction to Legal Reasoning. All of the bases are covered, and law students, teachers, practicing lawyers, and judges alike will gain perspective and insight from seeing the entire range of legal reasoning techniques laid out before them.— Richard A. Posner, Judge, U.S. Court of Appeals for the Seventh Circuit, author of How Judges Think. Uh-oh, it looks like your Internet Explorer is out of date. Top subscription boxes – right to your door, © 1996-2021, Amazon.com, Inc. or its affiliates. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. All of the bases are covered, and law students, teachers, practicing lawyers, and judges alike will gain perspective and insight from seeing the entire range of legal reasoning techniques laid out before them. Thinking Like a Lawyer is by far the best available introduction to legal reasoning, of interest to law students and their teachers alike. Enabling JavaScript in your browser will allow you to experience all the features of our site. Thinking Like a Lawyer: A New Introduction to Legal Reasoning, Professor Frederick Schauer teaches law students that American legal methods often require decision-makers ―to do something other than the right thing.‖ 5 It should find disturbing that Schauer … Thinking Like a Lawyer: A New Introduction to Legal Reasoning, Harvard University Press; Reprint edition (April 16, 2012). Yet Schauer's book also offers the lawyer and scholar useful perspective on what he or she does. There was an error retrieving your Wish Lists. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. ―Richard A. Posner, Judge, U.S. Court of Appeals for the Seventh Circuit, author of How Judges Think “Thinking Like a Lawyer is by far the best available introduction to legal reasoning, of interest to law students and their teachers alike. Sanford V. Levinson. As the majority of my understanding of the legal system comes from reading and discussing Supreme Court opinions, I selected Schauer’s book with the intent to broaden my understanding of the United States justice system by examining this literature written from the perspective of a professor of law. Within this framework is professor Schauer’s careful identification and distillation of complex theoretical issues underlying the Anglo-American judicial system. To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories. I do agree with some other commenters that have raised the issue of brevity and repetition, though given the audience (non-lawyers or 1L) I was willing to forgive and read a repeated point once or twice. Enseignement. "Thinking Like a Lawyer" is an excellent philosophical analysis of basic legal concepts such as rule, precedent, analogy, and discretion. Thinking Skills “Thinking skills” are integral to the study of law. A welcome complement to [Edward] Levi's approach, as well as being easier for the legal novice to understand. Thinking Like a Lawyer: A New Introduction to Legal Reasoning | Frederick Schauer | download | Z-Library. 3.5 On the Force of Precedent—Overruling, Distinguishing, and Other Types of Avoidance, 4.2 On Binding and So-Called Persuasive Authority, 4.3 Why Real Authority Need Not be “Binding”, 5.1 On Distinguishing Precedent from Analogy, 5.4 Analogy and the Speed of Legal Change. But it is also an original … DOI: 10.5860/choice.47-2281 Corpus ID: 152374282. Thinking Like a Lawyer : A New Introduction to Legal Reasoning. Schauer is a leading scholar of jurisprudence and legal process, and his new book is as comprehensive, thorough, and sophisticated an introduction to legal reasoning as it is a lucid one. You Save 4%. This primer on legal reasoning is aimed at law students and upper-level undergraduates. For a better shopping experience, please upgrade now. Something went wrong. Thinking Like a Lawyer Frederick Schauer Limited preview - 2009. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. ";s:7:"keyword";s:30:"thinking like a lawyer schauer";s:5:"links";s:966:"Ikea Usa Vidga, Car Acronyms And Abbreviations, Ark Genesis Bog Glitch Locations, Best 35 Whelen Single Shot Rifle, How Many Is 3 Dozen Cupcakes, Kitchenaid Dishwasher Parts Lower Rack Wheels, Super Rod Emerald, Old House Website, ";s:7:"expired";i:-1;}