Thinking Like a Lawyer

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.

Critical thinking is the essential tool for ensuring that students fulfill their promise. But, in reality, critical thinking is still a luxury good, and students with the greatest potential are too often challenged the least. This best-selling book: Introduces a powerful but practical framework to close the critical thinking gap Gives teachers the tools and knowledge to teach critical thinking to all students Empowers students to tackle 21st-century problems Teaches students how to compete in a rapidly changing global marketplace Colin Seale, a teacher-turned- attorney-turned-education-innovator and founder of thinkLaw, uses his unique experience to introduce a wide variety of concrete instructional strategies and examples that teachers can use in all grade levels. Individual chapters address underachievement, the value of nuance, evidence-based reasoning, social-emotional learning, equitable education, and leveraging families to close the critical thinking gap. In addition to offering examples for Math, Science, ELA, and Social Studies, this timely, updated second edition adds a variety of new examples and applications for Physical Education, Fine Arts, Foreign Language, and Career and Technical Education.

Critical thinking is the essential tool for ensuring that students fulfill their promise. But, in reality, critical thinking is still a luxury good, and students with the greatest potential are too often challenged the least. This best-selling book: Introduces a powerful but practical framework to close the critical thinking gap Gives teachers the tools and knowledge to teach critical thinking to all students Empowers students to tackle 21st-century problems Teaches students how to compete in a rapidly changing global marketplace Colin Seale, a teacher-turned- attorney-turned-education-innovator and founder of thinkLaw, uses his unique experience to introduce a wide variety of concrete instructional strategies and examples that teachers can use in all grade levels. Individual chapters address underachievement, the value of nuance, evidence-based reasoning, social-emotional learning, equitable education, and leveraging families to close the critical thinking gap. In addition to offering examples for Math, Science, ELA, and Social Studies, this timely, updated second edition adds a variety of new examples and applications for Physical Education, Fine Arts, Foreign Language, and Career and Technical Education.