Legal Argumentation (2022 ed., fall 2021 version)

This is the second, and still profoundly drafty, version of the legal-writing textbook that I premiered last year. You can read all about it in last year’s blog post. I welcome your feedback. I’m really hoping to have all the chapters finished before next year’s edition. Here it is:

Defeasible deductions?

I’ve written an article that discusses the use of argumentation schemes in law, with a focus on the argumentation scheme for legal analogy. A common problem for 1L students in my experience, though, is that they apply “rule-based reasoning”—based on the deductive syllogism—a little too confidently in the beginning of their training. So for the article, I recast the deductive syllogism as a defeasible argumentation scheme.[1] I offered that argumentation scheme tentatively, as it is not the focus of the article. But now, I’d like to firm it up a little (perhaps before this article is published, but certainly before Read More …