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. 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.
In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. 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. 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.
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.
When initially published more than twenty years ago, Thinking Like a Mountain was the first of a handful of efforts to capture the work and thought of America's most significant environmental thinker, Aldo Leopold. This new edition of Susan Flader's masterful account of Leopold's philosophical journey, including a new preface reviewing recent Leopold scholarship, makes this classic case study available again and brings much-deserved attention to the continuing influence and importance of Leopold today.
Thinking Like a Mountain unfolds with Flader's close analysis of Leopold's essay of the same title, which explores issues of predation by studying the interrelationships between deer, wolves, and forests. Flader shows how his approach to wildlife management and species preservation evolved from his experiences restoring the deer population in the Southwestern United States, his study of the German system of forest and wildlife management, and his efforts to combat the overpopulation of deer in Wisconsin. His own intellectual development parallels the formation of the conservation movement, reflecting his struggle to understand the relationship between the land and its human and animal inhabitants.
Drawing from the entire corpus of Leopold's works, including published and unpublished writing, correspondence, field notes, and journals, Flader places Leopold in his historical context. In addition, a biographical sketch draws on personal interviews with family, friends, and colleagues to illuminate his many roles as scientist, philosopher, citizen, policy maker, and teacher. Flader's insight and profound appreciation of the issues make Thinking Like a Mountain a standard source for readers interested in Leopold scholarship and the development of ecology and conservation in the twentieth century.
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