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Legal Argument and Small-Scale Organization

9 Pages Posted: 11 Apr 2007 Last revised: 31 Mar 2014

Edwin S. Fruehwald

Independent

Date Written: 2007

Abstract

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.

Keywords: legal writing, legal reasoning, legal argument

Suggested Citation

Fruehwald, Edwin S., Legal Argument and Small-Scale Organization (2007). Hofstra Univ. Legal Studies Research Paper No. 07-11. Available at SSRN: https://ssrn.com/abstract=979656 or http://dx.doi.org/10.2139/ssrn.979656

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