New PDF release: Legal Method

By Ian McLeod LLB BA BPhil (auth.)

ISBN-10: 0333790502

ISBN-13: 9780333790502

ISBN-10: 1349150754

ISBN-13: 9781349150755

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Additional resources for Legal Method

Sample text

4 In legal reasoning, as elsewhere, propositions and conclusions may be true or false. Reasoning may be valid or invalid. In general, valid reasoning will produce a conclusion which is true, and invalid reasoning will produce a conclusion which is false. However, a conclusion which is true may appear to result from reasoning which is invalid; and a conclusion which is false may appear to result from reasoning which is valid. 5 The process of inductive reasoning involves making a number of observations and then proceeding to formulate a principle which will be of general application.

The central problem is that although it may be desirable to give judges an element of discretion in individual cases, it is also true that the predictability oflegal outcomes plays an important part in any legal system which claims to be just. Yet it is obvious that any significant element of predictability reduces the potential scope for the exercise of discretion in individual cases. This simple truth needs to be fully understood, because it underlies many of the problems which arise in legal method.

By the end of the 15th century he was issuing them in his own name. Thus the office of chancery had evolved into the court of chancery. The existence of the court of chancery alongside the courts of common law had real advantages for the development of the law and the working of justice in individual cases, but it also gave rise to the possibility of conflict when two courts - one of chancery and one of common law - made conflicting orders in relation to the same facts. The details of the way in which this conflict was resolved are a fascinating piece of legal history.

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Legal Method by Ian McLeod LLB BA BPhil (auth.)

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