The Five Types of Legal Argument
Organized 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.
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The Purpose of Legal Education
The Five Types of Legal Arguments
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Akhil Amar Amendment analogy argu attorney balancing bank Bobbitt Bork Brandeis cable canons of construction Chapter Clause communication competing conflict between text Congress consequentialist contract cross-type conflict decision determine dissenting doctrine drafters Eskridge evidence example facts factual federal courts five types framers Frickey H.L.A. Hart interpretation Intra-type Attacks intratextual arguments Jacob & Youngs judges Justice Breyer Justice Kennedy Justice Scalia Langdell language legal argument legal realism Legal Reasoning legal scholars legal text legislative history legislative intent legislature Marbury Marshall ment Oliver Wendell Holmes Philip Bobbitt plain meaning plain meaning rule policy analysis policy arguments precedent principles purpose question realist Richard Posner Robert Bork rule of law rule of lenity section 632 sexual conduct social stare decisis statute statutory supra note Supreme Court T]he text and intent textual theory tion tradition type of argument types of legal underlying Uniform Commercial Code United words