An Introduction to Legal Reasoning (Phoenix Books)
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Product Details
- Amazon Sales Rank: #122310 in Books
- Published on: 1962-02-15
- Original language: English
- Number of items: 1
- Binding: Paperback
- 112 pages
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Great, quick read of the process of legal analysis.
In this book Levi gives an overview of the process of legal analysis and demonstrates how legal "rules" are made. The book consists of primarily 3 parts. In the first part Levi demonstrates the process of legal reasoning in case law situations by tracing the history and development of the "inherently dangerous" rule. The second part is an examination of statutory interpretation, specifically the Mann Act. Finally, is a section on constitutional interpretation. This book is not for pre-law students it will offer the most once the reader has already been introduced to the basics of the law and legal reasoning.
Daunting, dense, but extraordinarily rewarding.
Levi's classic has been foisted on first year students at Stanford and elsewhere to nearly universal dispair. This slim volume is hard plowing for new students of the law. Now in my 15th year as a practitioner, and teaching criminal law, I find the lessons in it to be extraordinarily rewarding. But this is my third reading... Best section covers the natural history of a fascinating statute: The Mann Act. Buy this book and give it the time it deserves.
Very Informative, But a Little Dry
I'm entering law school this fall, so I thought I'd read through this book to give me a head start. Levi takes a look at the evolution of court decisions based on the common law, statutory law, and constitutional law. I found the first few pages of the book very helpful in understanding that legal reasoning is not strictly an exercise in either inductive or deductive logic, but is sort of a hybrid of both which at the same time reflects the general views of society and adapts to new societal values as society's mores change. I think this is the real value of this book, showing how the reasoning evolves as new cases arise. A new case might lead to the creation of a new legal rule to deal with it, and then this rule is used for years to deal with similar cases that arise. Then, as the number of cases increases, slight distinctions are made between them, resulting simultaneously in both an expansion and a fractioning of the legal rule, sort of like a tree branch. Then, when social values change or when the cases become so numerous and differentiated that they overwhelm the original legal rule, the legal rule is discarded altogether as a new interpretation takes its place. This book takes a look at several examples of this in U.S. legal history to illustrate this process of legal evolution. It's an excellent introduction to legal reasoning. However, I gave it only four stars because the reading tends to be rather dry at times, and I often found my mind wandering as I read it. Other than that, though, this is a good book.
