Synopses & Reviews
Review
“Reason in Law is a superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning. . . . The student becomes aware through analyses of illustrative cases that legal reasoning requires judges and lawyers to analyze the facts in a case in light of legal rules, precedents, wider social reality, and normative values which are brought to the specific case. . . . . Rigorous and complex in its discussion of concepts, . . . this may well be the very best introductory text.”
Synopsis
First published in 1979, Reason in Law has become not only a classic textbook used by generations of students, but a classic work about the intersection of law and politics that has been cited by judges and scholars alike. Legal reasoning, according to Carter and Burke, combines four elements: the facts established at trial (evidence); the rules that bear on a case (the laws themselves); social background facts (e.g., what “standard practices” might be in a certain area); and widely held social and moral values. How well or badly a judge “harmonizes” or fits together these four elements in her decision determines whether or not it is seen and accepted as a good or well-reasoned decision. Based upon how judges interpret each of the elements and then join them together, it is eminently possible for two judges to reach starkly different conclusions even though both may be well-reasoned. The goal of Reason in Law is to give its readers the tools to differentiate between good and bad legal reasoning, and the authors provide plenty of up-to-date examples of both. New to this ninth edition are treatments of the monumental legal struggle over the constitutionality and proper interpretation of the Affordable Care Act, the legal struggles surrounding gay and lesbian marriage, the killing of Trayvon Martin, the Supreme Court ruling on the Voting Rights Act, and many other cases.
Synopsis
Over the nearly four decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book's analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia's powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.
About the Author
Lief Carter is professor emeritus of political science at Colorado College. In addition to the previous eight editions of Reason in Law, he is the author of several books, including Administrative Law and Politics.Thomas F. Burke is professor of political science at Wellesley College and a visiting scholar at the University of California, Berkeley. He is the author or coauthor of three books, most recently How Policy Shapes Politics.
Table of Contents
Foreword by Sanford Levinson
Preface
Chapter 1: What Legal Reasoning Is and Why It Matters
Chapter 2: Change and Stability in Legal Reasoning
Chapter 3: Common Law
Chapter 4: Statutory Interpretation
Chapter 5: Interpreting the U.S. Constitution
Chapter 6: Law and Politics
Appendix A: Introduction to Legal Procedures and Terminology
Appendix B: A Theory of Law in Politics: The Case of Terri Schiavo
Index