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Rethinking Legal Reasoning

Geoffrey Samuel

‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?
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Chapter 4: What is the institutional legacy?

Geoffrey Samuel

Extract

In this fourth chapter the aim is to identify what might be called institutional models or focal points for legal reasoning which have emerged out of the history of legal thought and reasoning. Six such models present themselves: they are the rule model, the interpretation model, the rights model, the interest model, the policy model and the remedies model. These models appear to be well entrenched in common law judicial reasoning, due no doubt, at least in part, to the influence of Roman legal ‘science’ on the common lawyers following the abolition of the forms of action. Each model is discussed in some depth.

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