The five types of legal argument / by Wilson Huhn.

Format:

Book

Author/Creator:

Huhn, Wilson Ray, 1950- author.

Language:

English

Subjects (All):

Law--United States--Methodology.

Law.

Judicial process--United States.

Judicial process.

Legal composition.

Persuasion (Rhetoric).

Law--Methodology.

United States.

Genre:

Textbooks.

Physical Description:

xvi, 219 pages : illustrations ; 23 cm.

Edition:

Fourth edition.

Place of Publication:

Durham, North Carolina : Carolina Academic Press, LLC, [2022]

Summary:

"Huhn demonstrates that there are five different types of legal arguments (based on text, intent, precedent, tradition and policy), and through myriad examples this book teaches law students, lawyers, and judges how to identify, create, attack, and evaluate each type of argument. The book contains useful advice and illustrations on how to weave the different types of arguments together to make them more persuasive. The book describes and explains how lawyers use logic, reasoning by analogy, and policy analysis in resolving progressively more difficult cases. The fourth edition of the book includes new chapters that illustrate policy arguments through the use of graphs and advises law students how to answer essay exam questions"-- Provided by publisher.

Contents:

Machine generated contents note: 1. The Voices of the Law

2. The Purpose of Legal Education

3. The Five Types of Legal Argument

1. The Five Types of Legal Argument Arise from Different Sources of Law

2. The Five Types of Legal Argument Function as Rules of Recognition

3. The Five Types of Legal Argument Are Rules of Evidence for Determining What the Law Is

4. The Five Types of Legal Argument Embody the Underlying Values of Our System of Laws

4. Text

1. Plain Meaning

2. Canons of Construction

3. Intratextual Arguments

5. Intent

1. The Intent Behind the Constitution, Statutes, Regulations, Contracts, and Wills

2. Evidence of Intent

a. Evidence of Intent in the Text Itself

b. Previous Versions of the Text

c. The History of the Text

d. Official Comments

e. Contemporary Commentary

6. Precedent

7. Tradition

8. Policy

1. The History of Policy Arguments

2. The Structure of Policy Arguments

a. The Predictive Statement

b. The Evaluative Judgment

9. Graphing the Purposes of the Law

1. Lack of Capacity

2. Mistake

3. Misrepresentation

4. Duress

5. Undue Influence

6. Unconscionability

7. The Facts and Circumstances of Each Case

10. Identifying the Five Types of Legal Arguments

11. Creating Persuasive Arguments

12. How to Attack Legal Arguments

13. Intra-Type Attacks on Textual Arguments

A. Intra-Type Attacks on Plain Meaning Arguments

1. The Text Is Ambiguous

2. The Text Has a Different Plain Meaning

B. Intra-Type Attacks on the Canons of Construction

3. The Canon of Construction Does Not Apply

4. A Conflicting Canon of Construction Applies

C. Intra-Type Attacks on Intratextual Arguments

5. There Is a Conflicting Intratextual Inference Drawn from the Same Text

6. There Is a Conflicting Intratextual Inference Drawn from Different Text

14. Intra-Type Attacks on Intent Arguments

7. The Intent Was Different

8. The Evidence of Intent Is Not Sufficient

9. The Framers of the Law Did Not Anticipate Current Conditions

10. The Person Whose Intent Was Proven Did Not Count

15. Intra-Type Attacks on Precedent Arguments

11. The Court's Opinion Was Not Holding but Rather Obiter Dictum

12. The Opinion Did Not Command a Majority of the Court

13. The Opinion Was Not Issued by a Controlling Authority

14. The Case Is Distinguishable Because of Dissimilar Facts

15. The Case Is Distinguishable for Policy Reasons

16. There Are Two Conflicting Lines of Authority

17. The Case Has Been Overruled

18. The Case Should Be Overruled

16. Intra-Type Attacks on Tradition Arguments

19. No Such Tradition Exists

20. There Have Been Competing Traditions

21. A New Tradition Is Emerging

17. Intra-Type Attacks on Policy Arguments

22. The Factual Prediction Is Not Accurate

23. The Policy Is Not One of the Purposes of the Law

24. The Policy Is Not Sufficiently Strong

25. The Policy Is Not Served in This Case

26. The Policy Is Outweighed by a Competing Policy

18. Cross-Type Arguments

19. Foundational Cross-Type Arguments

20. Relational Cross-Type Arguments

21. Text versus Intent

22. Precedent versus Policy

1. Jacob & Youngs v. Kent

2. Denver Area Educational Telecommunications Consortium v. F.C.C.

23. Text versus Policy

1. Text versus Policy in the Law of Negotiable Instruments

2. Text versus Policy in Separation of Powers Cases

24. Text versus Precedent

25. A Logical Demonstration of the Theory of the Five Types of Legal Argument

26. Reasoning by Analogy Is the Bridge between Formalism and Realism

1. From Formalism to Realism in the Gestational Surrogacy Cases

2. Analogical Reasoning in the Evolution of Rules and Standards

27. Answering Law School Essay Examinations

28. Discovering a Court's Judicial Philosophy and Your Own Philosophy of Life.

Notes:

Includes bibliographical references and index.

Other Format:

Online version: Huhn, Wilson. Five types of legal argument.

ISBN:

9781531024413

1531024416

OCLC:

1308409436