What Have Introductory Books on Legal Reasoning Ever Done for Us?

The purpose of this article is to investigate, and to review, a number of recent introductions to law with the emphasis being on those introducing students to legal reasoning. The investigation will have as its focus not just reasoning methodology but equally the ontological and epistemological foundations upon which the reasoning is based. The investigation will be comparative in its orientation; it will examine, in particular, works from common lawyers and French jurists, with references also to books produced by Roman law specialists (Romanists). It will show that many introductions are based on an ontological foundation that emphasizes rules—the rule model—and that, with regard to some of the introductory books, this emphasis has engendered what is arguably a simplistic view of legal knowledge and method. Are such books, it might be asked, epistemologically reliable? To help answer this question, another comparative orientation to be undertaken is to examine some introductory works in the social sciences in order to see not only how these works may differ in their approach to knowledge and methodology but also how methodological discussions in the social sciences could be valuable for lawyers. Keywords: analogy; epistemology; introductions; logic; ontology; perception; rule model; syllogism.

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Publication Details

Journal
Amicus Curiae
Published
2024-11-04
DOI
https://doi.org/10.14296/ac.v6i1.5726
Primary Topic
Legal Education and Practice Innovations
Type
article
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article

What Have Introductory Books on Legal Reasoning Ever Done for Us?

Geoffrey Samuel
Amicus Curiae
Legal Education and Practice Innovations
article

What Have Introductory Books on Legal Reasoning Ever Done for Us?

Geoffrey Samuel
article en

Abstract

The purpose of this article is to investigate, and to review, a number of recent introductions to law with the emphasis being on those introducing students to legal reasoning. The investigation will have as its focus not just reasoning methodology but equally the ontological and epistemological foundations upon which the reasoning is based. The investigation will be comparative in its orientation; it will examine, in particular, works from common lawyers and French jurists, with references also to books produced by Roman law specialists (Romanists). It will show that many introductions are based on an ontological foundation that emphasizes rules—the rule model—and that, with regard to some of the introductory books, this emphasis has engendered what is arguably a simplistic view of legal knowledge and method. Are such books, it might be asked, epistemologically reliable? To help answer this question, another comparative orientation to be undertaken is to examine some introductory works in the social sciences in order to see not only how these works may differ in their approach to knowledge and methodology but also how methodological discussions in the social sciences could be valuable for lawyers. Keywords: analogy; epistemology; introductions; logic; ontology; perception; rule model; syllogism.

Amicus CuriaeVol. 6(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 64%
Legal Education and Practice Innovations
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What Have Introductory Books on Legal Reasoning Ever Done for Us? — Geoffrey Samuel · Amicus Curiae (2024) | TGRS Research Map | TGRS