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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 12: Should jurists take interests more seriously (continued)?

Geoffrey Samuel


In this second chapter on the notion of an interest some of the points outlined or mentioned in the last chapter are developed in more depth. In particular the role of an interest within the civilian principle of an abuse of a right and within injunction, debt and damages claims, including claims involving the rule against penalty clauses. Various sectional interests are also be discussed. The chapter concludes with a résumé of the reasons why interests should be taken more seriously and why the notion can provide a means for rethinking legal reasoning.

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