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3 The Practice and Problems of Precedent
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Frederick Schauer
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Chapters in this book
- Frontmatter i
- CONTENTS vii
- Preface xi
- 1 Introduction: Is There Legal Reasoning? 1
- 2 Rules—in Law and Elsewhere 13
- 3 The Practice and Problems of Precedent 36
- 4 Authority and Authorities 61
- 5 The Use and Abuse of Analogies 85
- 6 The Idea of the Common Law 103
- 7 The Challenge of Legal Realism 124
- 8 The Interpretation of Statutes 148
- 9 The Judicial Opinion 171
- 10 Making Law with Rules and Standards 188
- 11 Law and Fact 203
- 12 The Burden of Proof and Its Cousins 219
- Index 235
Chapters in this book
- Frontmatter i
- CONTENTS vii
- Preface xi
- 1 Introduction: Is There Legal Reasoning? 1
- 2 Rules—in Law and Elsewhere 13
- 3 The Practice and Problems of Precedent 36
- 4 Authority and Authorities 61
- 5 The Use and Abuse of Analogies 85
- 6 The Idea of the Common Law 103
- 7 The Challenge of Legal Realism 124
- 8 The Interpretation of Statutes 148
- 9 The Judicial Opinion 171
- 10 Making Law with Rules and Standards 188
- 11 Law and Fact 203
- 12 The Burden of Proof and Its Cousins 219
- Index 235
