This paper demonstrates that reasoning with statutes and reasoning with cases are actually one and the same intellectual activity. Further, the reasoning practice of the courts in Germany, California, and England and Wales is identical. This finding contradicts a widely held opinion that the legal reasoning of civil law lawyers differs fundamentally from the legal reasoning of common law lawyers
This Article compares common law jurisdictions’ legal reasoning and use of precedents with those of ...
According to legrand, harmonization of european private law by means of a european civil code would ...
Stare decisis remains a controversial feature of the legal systems that recognize it. Some jurists a...
This paper demonstrates that reasoning with statutes and reasoning with cases are actually one and t...
This paper elucidates the common law doctrine of stare decisis and the methodology of using preceden...
The prevailing notion that stare decisis is peculiar to the Anglican Legal System is quite provincia...
‘[A] relative absence of skills in case analysis’ is said to be ‘the Achilles heel of civil-law meth...
Article looks at a historical problem—the first use of case law by English royal justices in the thi...
Based on various law sources, the American common law is connected by a particular role of prior jud...
Based on various law sources, the American common law is connected by a particular role of prior jud...
Case-based reasoning is, without question, a puzzle. When students are taught to “think like lawyers...
In a common law jurisdiction, according to the principle of stare decisis judges are bound to interp...
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning p...
The present research aims to address the system of judicial precedents and its applicability in the ...
'Stare Decisis' or 'stay with what has been decided' has long been understood as a fundamental prin...
This Article compares common law jurisdictions’ legal reasoning and use of precedents with those of ...
According to legrand, harmonization of european private law by means of a european civil code would ...
Stare decisis remains a controversial feature of the legal systems that recognize it. Some jurists a...
This paper demonstrates that reasoning with statutes and reasoning with cases are actually one and t...
This paper elucidates the common law doctrine of stare decisis and the methodology of using preceden...
The prevailing notion that stare decisis is peculiar to the Anglican Legal System is quite provincia...
‘[A] relative absence of skills in case analysis’ is said to be ‘the Achilles heel of civil-law meth...
Article looks at a historical problem—the first use of case law by English royal justices in the thi...
Based on various law sources, the American common law is connected by a particular role of prior jud...
Based on various law sources, the American common law is connected by a particular role of prior jud...
Case-based reasoning is, without question, a puzzle. When students are taught to “think like lawyers...
In a common law jurisdiction, according to the principle of stare decisis judges are bound to interp...
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning p...
The present research aims to address the system of judicial precedents and its applicability in the ...
'Stare Decisis' or 'stay with what has been decided' has long been understood as a fundamental prin...
This Article compares common law jurisdictions’ legal reasoning and use of precedents with those of ...
According to legrand, harmonization of european private law by means of a european civil code would ...
Stare decisis remains a controversial feature of the legal systems that recognize it. Some jurists a...
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