Universals in Legal Reasoning by Judges: A Plea for Candor in Decision-Making, 1st Edition eBook

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Universals in Legal Reasoning explores and expounds the usage of rules to justify judicial decisions. Inspired by Savigny’s canons of interpretation, and informed by the author’s years of study and teaching in Germany, the book constructs a matrix for all legal argumentation in place of the so-called rules of interpretation, classifying justificatory arguments into four categories: textual, historical, purposive, and system-contextual. Along these categories, the book reveals certain universals while dispelling the confusion and mystery surrounding reasoning from judicial case decisions. This it does-simply and elegantly-by equating reasoning from case decisions with reasoning from statute. A myriad of examples, primarily from Germany, California, and the United Kingdom, show how these arguments find universal application. From start to finish, this book is itself an argument: an argument for judicial transparency and candour, which requires that judges reveal their thoughts and motivations-their ultimate reasons. This is necessary to enhance the persuasiveness and efficacy of judicial precedents, to foster democratic legitimacy, and to permit political accountability.

This is a digital product.

Universals in Legal Reasoning by Judges: A Plea for Candor in Decision-Making 1st Edition is written by Thomas Lundmark and published by OUP Oxford. The Digital and eTextbook ISBNs for Universals in Legal Reasoning by Judges are 9780191088599, 0191088595 and the print ISBNs are 9780198785675, 0198785674. Additional ISBNs for this eTextbook include 9780191088605, 9780191827488.