Laws are applied to facts. Experience with examples how there is often more than one way to do this. Discover how this fundamental operation of the law is described in different traditions (civil law, common law) and by professionals.
Discovering Legal Reasoning: How Lawyers Think
Course Summary
In series, lawyers sound clever and say ‘your honor’. What are their tricks in real life? How do they strategise and produce arguments? What makes a legal point stick in court? And how do lawmakers consider arguments for legal reform? Starting with videos about real cases, this course will delve into legal reasoning and introduce key aspects of legal argumentation, such as the interpretation of rules.
Course Learning Outcomes (CLOs)
| Description | Mapped to Human Intelligence | |
|---|---|---|
| CLO 1 | Explain different links between law and facts, Characterise different interpretive methods. | CI3 – Mastery of Theoretical Foundations |
| CLO 2 | Recognise arguments of different types based on a typology; Analyse interview based on concepts and distinctions | CI4 – Mastery in Knowledge Application |
| CLO 3 | Analyse legal arguments critically, mobilizing a different perspective | CI5 – Critical analysis, logical reasoning, and evidence-based evaluation |
| Produce a set of questions relating to the topic of the course and adapted to the specific professional situation of interviewee | C16 – Creative thinking, lateral thinking, design and innovation | |
| Listen to legal professional and imagine their life | SEI5 – Active listening | |
| Plan interview and restitution | PI2 – Time management, Conscientiousness, Focus |
Assessment
| Assessment Type | Weighting of Course Grade | Group Assessment? | |
|---|---|---|---|
| Assessment 1 | Evaluative – Quiz | 30% | No |
| Assessment 2 | Interview of a legal professional, presentation of analysis in a group | 30% | Yes |
| Assessment 3 | Practical – Case Study | 40% | No |
Indicative List
of Topics
Rules can be interpreted from a variety of angles, depending on the context and aim of the argument. Based on contemporary examples, discover standard interpretive methods such as textual interpretation, systemic interpretation and teleological interpretation and how they differ.
There are typical forms of legal arguments, such as syllogism and analogy. Policy arguments often bundle several types of argument. Learn how to unpack a complex argument and challenge it: a great skill to have if you want to convince.
Legal issues often depend on facts that are difficult to ascertain or effects that are uncertain. Lawyers must investigate the facts. They search for relevant and available data and integrate them into their arguments. Lawmakers want to determine the probable effects of adopting a policy. Discover how this is done in real cases.
