Abstract

http://ssrn.com/abstract=1640878
 


 



Thinking Like a Lawyer Abroad: Putting Justice into Legal Reasoning


James R. Maxeiner


University of Baltimore - School of Law

July 30, 2011

Washington University Global Studies Law Review, Vol. 11, No. 1, 2012, pp. 55-92.

Abstract:     
Americans are taking new interest in legal reasoning. Thinking Like a Lawyer: A New Introduction to Legal Reasoning by Professor Frederick Schauer suggests why. According to Schauer, American legal methods often require decision-makers “to do something other than the right thing.” There has got to be a better way.

Now comes a book that offers Americans opportunities to look into a world where legal methods help decision-makers do the right thing. According to Reinhard Zippelius in his newly published Introduction to German Legal Methods, German legal methods help decision makers resolve legal problems “in a just and equitable manner.”

This article set outs what good legal methods do: help decide legal problems justly. It poses the puzzle: why does Schauer say legal methods challenge rather than support doing the right thing, when Zippelius does not? Relying on Schauer himself, it suggests an answer: neglect of legislation and law application and fixation on appellate law-making. It shows how German legal methods as described by Zippelius help decision makers to do the right thing.

Number of Pages in PDF File: 38

Keywords: Zippelius, Schauer, legal reasoning, legal thinking, think like a lawyer, syllogism, giving reasons, legislation, statute, precedent, case law, legal methods, procedure, code, codification, rules, German, Germany

JEL Classification: K19, K39, K49, I29

working papers series





Download This Paper

Date posted: July 17, 2010 ; Last revised: May 19, 2013

Suggested Citation

Maxeiner, James R., Thinking Like a Lawyer Abroad: Putting Justice into Legal Reasoning (July 30, 2011). Washington University Global Studies Law Review, Vol. 11, No. 1, 2012, pp. 55-92.. Available at SSRN: http://ssrn.com/abstract=1640878 or http://dx.doi.org/10.2139/ssrn.1640878

Contact Information

James R. Maxeiner (Contact Author)
University of Baltimore - School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
410-837-4628 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 704
Downloads: 202
Download Rank: 88,397

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.297 seconds