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. Law is based upon legal text the drafters intent judicial precedent the traditions of the people and hopefully sound policy the five types of argument are therefore text intent precedent tradition and policy this program explores the content of each type of argument that is the data that judges and lawyers use to construct each type of argument the structure of each type of . The five types of legal arguments are primary sources of evidence of what the law is all other materials are secondary sources of law secondary sources about the law include legal treatises textbooks monographs articles essays and study aids. These five types of legal arguments can function as a checklist of the kinds of legal arguments that may legitimately be made to decision makers because they are the types of arguments that lawyers and judges accept as legitimate. The five types of legal argument 193 chapter 24 reasoning by analogy is the bridge between formalism and realism 201 1 from formalism to realism in the gestational surrogacy cases 203 2 analogical reasoning in the evolution of rules and standards 209
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