Saturday, April 14, 2007
Professor Scott Fruehwald at Hofstra University has written an article explaining how legal writing courses cover more of the basic types of legal argumentation than the average casebook law school course. You can download Legal Argument and Small-Scale Organization free-of-charge via SSRN. As Professor Fruehwald writes in his abstract:
"Legal argument and legal writing are inseparable. This paper first discusses the four types of legal argument -- 1) rule-based reasoning, 2) reasoning by analogy, 3) distinguishing precedent, and 4) policy-based reasoning, and it shows how reasoning by analogy has been overemphasized in first-year doctrinal courses. It then demonstrates how legal writing courses usually include all four types of legal reasoning. Finally, the paper presents a small-scale organizational paradigm that incorporates all four types of reasoning."