01:790:373 Lecture Notes - Lecture 6: Deductive Reasoning, Arbitrariness
27 Feb 2017
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Document Summary
Edward levi"s an introduction to legal reasoning and lon fuller"s the case of the speluncean. The norm that underlies the practice of legal reasoning. Dicey: the supremacy of regular law v. arbitrary power, equality before the law of all persons and classes, incorporation of constitutional law as a binding part of the ordinary law of the land. The rule of law implies the precept that similar. Sources of law int he us legal system. Particular precedents (past decisions of the court) Arbitrariness: precedents do not come neatly labeled, statues do not come with rules for their own interpretation, matching of fact situations to another is not obvious what facts are salient differ from person to person. Legal reasoning uses both deductive and inductive steps. Deduction inference in which the conclusion (usually about particulars) follows necessarily from general or universal premises: all scorpions are arachnids.
