The Five Types of Legal ArgumentOrganized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one. |
Contents
The Purpose of Legal Education | 7 |
The Five Types of Legal Arguments | 13 |
Intent | 31 |
Copyright | |
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Common terms and phrases
Akhil Amar Amendment argu asserted attorney balancing bank Bobbitt canon of construction Chapter Clause communication competing concurring conflict between text Congress contract contractor Cross-type Arguments cross-type conflicts decision determine dissenting doctrine drafters evidence example facts factual Fallon federal courts five types framers goal gument H.L.A. Hart HARV Hugo Black identify Intra-type Attacks Jacob & Youngs judges jurisdiction Justice Breyer Justice Cardozo Justice Kennedy Justice Scalia Justice Thomas legal argument legal realism Legal Reasoning legal scholars legal text legislative history legislative intent legislature majority Marbury Marshall ment Oliver Wendell Holmes opinion overrule plain meaning policy analysis policy arguments precedent principle purpose question Robert Bork rule of law Separation of Powers sexual conduct Socrates stare decisis statute statutory substantial supra note Supreme Court T]he text and intent Text versus textual theory tion tradition type of argument types of legal underlying Uniform Commercial Code values