Law and Legal Reasoning Southeast Missouri State University法律和法律推理的东南密苏里州立大学.ppt

Law and Legal Reasoning Enforceable rules governing relationships among individuals and between individuals and their society Judges use their personal worldview and legal philosophies to apply the law to specific disputes Law and Legal Reasoning Natural law inherent in human nature universal law natural rights a higher source than the actual written laws supreme over positive law Law and Legal Reasoning Legal Positivism the written law is supreme Legal Realism socio-economic realities should temper a judge’s application of written law specific circumstances considered Llewellyn and the UCC Law and Legal Reasoning Judicial interpretation judges make new law significant leeway in interpreting the law judge’s values, beliefs, experience all influence the application of the law to the facts so that 2 judges may decide the same issue differently Law and Legal Reasoning Common Law Early English Courts Curiae regis -uniform set of rules established rather than relying on local custom courts of law awarded remedies of law- land, items of value, compensation, or damages courts of equity awarded specific performance, injunctions, recission Doctrine of laches - you cannot rest on your rights statutes of limitations Law and Legal Reasoning Doctrine of Stare Decisis Ignorance of the law is no excuse Since judges make new law as they decide cases, how can anyone know what to expect when they go into court? Binding precedent Non-binding precedent, persuasive authorities Reporters cases of first impression - use public policy, data, any related decisions or statutes Law and Legal Reasoning Legal Reasoning What are the facts? What is the law? How does the law apply to the facts? Any cases on point? What are the conclusions? Law and Legal Reasoning Legal Reasoning Deductive - use of syllogism or major premise, minor premise conclusion Linear - pieces of rope Reasoning by analogy - comparing the facts of a previous case to determine whether similar or distinguishable No right a