Beyond Legal Reasoning: a Critique of Pure Lawyering

Jeffrey Lipshaw (Autor)

Buch | Hardcover

188 Seiten

2017
Routledge (Verlag)
978-1-138-22130-7 (ISBN)

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This book offers an explanation both of what it means to do the job of pure lawyering well, and an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make.

The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors.

This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.

Jeffrey Lipshaw is a professor at Suffolk University Law School and former company general counsel. He writes on contract theory, business judgment, and legal education, and jurisprudence. His most recent publication uses business law to reassess the influence of Kant’s epistemology on Hans Kelsen.

1.Why a Critique?

2. The Logic of Pure Lawyering

3. Assessing Theory-Making in Pure Lawyering

4. Games and Models

5. Causation and Blame

6. Action, Authority, Rationalization, and Judgment

7. Beyond Legal Reasoning

Erscheinungsdatum	04.06.2017
Zusatzinfo	2 Line drawings, black and white
Verlagsort	London
Sprache	englisch
Maße	156 x 234 mm
Gewicht	362 g
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Berufs-/Gebührenrecht
ISBN-10	1-138-22130-9 / 1138221309
ISBN-13	978-1-138-22130-7 / 9781138221307
Zustand	Neuware