This Article is an exploration of judicial reasoning as practiced at the appellate level in American law. It puts forth a descriptive and analytical account from a psychological …
They have in common their postulation of a world, at least a legal world, that is fundamentally unorderly. They unite in repudiating the possibility or the existence of a rule of …
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 …
N Pennington, R Hastie - Cardozo L. Rev., 1991 - HeinOnline
The goal of our research over the past ten years has been to develop a scientific description of the mind of the juror as it is revealed in the legal decision-making process. Our conclusion …
Coherence and holistic theories of truth maintain that a proposi-tion is true if it fits sufficiently well with other propositions held to be true. Philosophers developed coherence theories in …
The subject of legal reasoning appears to occupy the more practical end of the spectrum of jurisprudential theorising. Surely if anything matters in our attempts to understand law, it …
The law reviews are filled with debate about the very foundations of our discipline. What are" rights"? How does one do" law"? Is it different from other forms of reason and debate, such …
Either it is not the same or it is not real-lack of comparability among cases or the absence of authenticity are the Scylla and Charybdis of empirical study of judicial decisionmaking.'A …
What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences …