9780314281272-0314281274-Jurisprudence and Persuasion: “You Can't Argue Like That” A Case-based Approach (American Casebook Series)

Jurisprudence and Persuasion: “You Can't Argue Like That” A Case-based Approach (American Casebook Series)

ISBN-13: 9780314281272
ISBN-10: 0314281274
Edition: 1
Author: Ralph Steinhardt, Benjamin Teich
Publication date: 2018
Publisher: West Academic Publishing
Format: Hardcover 1055 pages
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Book details

ISBN-13: 9780314281272
ISBN-10: 0314281274
Edition: 1
Author: Ralph Steinhardt, Benjamin Teich
Publication date: 2018
Publisher: West Academic Publishing
Format: Hardcover 1055 pages

Summary

Jurisprudence and Persuasion: “You Can't Argue Like That” A Case-based Approach (American Casebook Series) (ISBN-13: 9780314281272 and ISBN-10: 0314281274), written by authors Ralph Steinhardt, Benjamin Teich, was published by West Academic Publishing in 2018. With an overall rating of 3.8 stars, it's a notable title among other Jurisprudence (Legal Theory & Systems) books. You can easily purchase or rent Jurisprudence and Persuasion: “You Can't Argue Like That” A Case-based Approach (American Casebook Series) (Hardcover) from BooksRun, along with many other new and used Jurisprudence books and textbooks. And, if you're looking to sell your copy, our current buyback offer is $3.85.

Description

This innovative book offers a case-based approach to arguments about the nature of law and persuasion. Its unifying insight is that every decided case has a theory or philosophy within it – whether acknowledged or not – and that there is professional value in developing the skill to discern, articulate, and analyze it. Offering a flexible platform for either an introduction to law and legal reasoning or an in-depth course in jurisprudence and advocacy, the book works first through decided cases and then offers context and depth through the writings of jurists and philosophers. Major themes in the cultural and intellectual history of the law are made accessible and always with a sense of what practical difference they make.

Part I enables students to use case analysis to connect with some of the traditional and contemporary schools of jurisprudence across the ideological spectrum (e.g., natural law, positivism, legal realism, law and economics, feminist legal theory, and critical race theory). Part II, in a modern riff on what prior generations of lawyers would have called – without irony or deprecation – 'rhetoric,' analyzes certain identifiable and recurring types of legal arguments, including reasoning by default (e.g., fictions, presumptions, and burdens), recurring fallacies (e.g., begging the question, arguments ad hominem, asserting the consequent), and the nested problems of interpreting statutes and the common law. Understood as the art of argument, it is exactly what lawyers do. Honing it and keeping it respectable is in every law professor’s job description. Part III applies the skills and insights from the rest of the book by applying them in a particular setting, focused on the question whether international law is really 'law' and what turns on that designation.

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