Legal Argument and Small-Scale Organization
Edwin S. Fruehwald
Hofstra Univ. Legal Studies Research Paper No. 07-11
Legal argument and legal writing are inseparable. This paper first discusses the four types of legal argument -- 1) rule-based reasoning, 2) reasoning by analogy, 3) distinguishing precedent, and 4) policy-based reasoning, and it shows how reasoning by analogy has been overemphasized in first-year doctrinal courses. It then demonstrates how legal writing courses usually include all four types of legal reasoning. Finally, the paper presents a small-scale organizational paradigm that incorporates all four types of reasoning.
Number of Pages in PDF File: 9
Keywords: legal writing, legal reasoning, legal argumentworking papers series
Date posted: April 11, 2007 ; Last revised: March 31, 2014
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