Sabtu, 23 Juli 2011

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Product details

File Size: 458 KB

Print Length: 25 pages

Publication Date: January 7, 2014

Sold by: Amazon Digital Services LLC

Language: English

ASIN: B00ENSLXZQ

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This article, it's not a book, is very redundant. It lacks concrete examples of how to have an effective conversation about drugs or alcohol. I feel if one followed this advice and constantly discussed the topic it would cause the teen to be further from the parent. I think it would irritate them. I think that's how I'd feel.

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Jumat, 08 Juli 2011

PDF Ebook The Legal Analyst: A Toolkit for Thinking about the Law

PDF Ebook The Legal Analyst: A Toolkit for Thinking about the Law

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The Legal Analyst: A Toolkit for Thinking about the Law

The Legal Analyst: A Toolkit for Thinking about the Law


The Legal Analyst: A Toolkit for Thinking about the Law


PDF Ebook The Legal Analyst: A Toolkit for Thinking about the Law

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The Legal Analyst: A Toolkit for Thinking about the Law

Review

“Every good lawyer knows that there’s a standard set of argumentative moves that are repeatedly made in different legal settings.  Farnsworth’s book is chock full of the kind of tools that every legal analyst should have in his or her back pocket.  This ambitious book is likely to spur a lively debate about what exactly are the essential tools of legal analysis.  While some will grouse that their pet tool was excluded, the books points toward a new way of organizing the first-year curriculum.  Farnsworth is forging a new pedagogical canon.” (Ian Ayres, Townsend Professor, Yale Law School and author of Super Crunchers)“This is one of those rare books that will actually raise the level of analysis at every law school in the country. A must-read not only for students just beginning law school, but indeed for anyone who could use a reminder of how diverse and powerful the legal toolkit really is.” (Douglas Lichtman, Professor, University of Chicago Law School)“This book is a very accessible introduction to the major ideas of modern legal thinking and useful survey of current thinking in the field.  It covers an extraordinarily broad range of topics in a limited space and is very clearly written, studded with interesting examples and observations. It can profitably be read by law students, lawyers, and lay people with an interest in the legal system.” (Daniel Farber, Sho Sato Professor of Law, University of California, Berkeley)“The Legal Analyst provides an engaging and enlightening introduction to the most essential concepts of legal reasoning. In exceptionally clear prose, Ward Farnsworth walks the reader through concepts such as the Coase Theorem, the Prisoner’s Dilemma, and Property Rules and Liability Rules—peeling away the fog of confusion that often envelops them to reveal the deep and startlingly simple insights that they offer. The reader comes away from the book with a toolkit of ideas that can be used to take apart and examine almost any legal issue.” (Oona A. Hathaway, Associate Professor of Law, Yale Law School)“This is an outstanding book that occupies a significant and unique niche in the literature of jurisprudence and legal methodology. Farnsworth introduces students and practitioners alike to basic methods of legal analysis across a broad range of disciplines. This book should become the ultimate ‘toolkit’ for those new to the profession.” (David J. Bederman, Emory University School of Law)

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About the Author

Ward Farnsworth is dean and the John Jeffers Research Chair in Law at the University of Texas School of Law. He is the author many books, including The Legal Analyst, also published by the University of Chicago Press. Â Â Â

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Product details

Paperback: 356 pages

Publisher: University of Chicago Press; New Ed edition (June 15, 2007)

Language: English

ISBN-10: 0226238350

ISBN-13: 978-0226238357

Product Dimensions:

6 x 1 x 9 inches

Shipping Weight: 1.3 pounds (View shipping rates and policies)

Average Customer Review:

4.4 out of 5 stars

42 customer reviews

Amazon Best Sellers Rank:

#83,111 in Books (See Top 100 in Books)

Farnsworth is very bright, with an active inquiring mind. In "The Legal Analyst" he explains legal principles, both as they are and as they might ideally be. He uses a discursive style, but organized by devoting each chapter to a different principle. The law is difficult and principles are inconsistently applied, not to mention that law varies by state. Often, the principles Farnsworth discusses are not used explicitly, but may underlay the decision making of judges even if they do not realize it. This all makes for a not totally satisfactory read, although if you love logical arguments you will love this book. I found that I most enjoyed the concrete cases, and discussion of the more widely and explicitly accepted legal principles. I had already been exposed to the psychological basis of decision making, such as anchoring and framing, but if you have not those chapters might be of particular interest. Consider the case where a cow manages to reach a road, causing an auto accident. One legal ideal is maxium efficiency; i.e. reducing the burden on the legal system including the resources of litigants as well as judges. The idea of efficiency is one basis for statutes of limitations, even when their application can lead to injustice in the colloquial meaning of the word. One might therefore conclude that the rancher should always be held liable for the cow/car accident. However, there is another principle that a person like the rancher is not liable if he/she takes all the precautions that are reasonable, so the accident apparently still can go to trial on that basis. An interesting example of statute of limitations, not cited in the book, is a recent decision by the North Carolina Supreme Court that a group of homeowners in North Carolina can't sue a company that contaminated their drinking water because a state deadline has lapsed - even if residents did not realize their water was polluted until years later. Suppose a piece of art is stolen. No matter how many times it is resold, the original owner can still claim ownership. Now suppose the original owner loses the art work due to fraud instead of outright theft. If a subsequent buyer purchases the item in good faith, and not at some huge bargain price, the purchaser maintains ownership. The justification is that the original owner should have been more careful but he/she cannot try to prove due diligence as a basis of reclaiming the painting. This is the type of concrete, consistent decision making I found most satisfactory. Conversely, suppose a photo processor promises to take your old photos, which mean a lot to you, and make them computer readable, but loses the photos instead. Regardless of efficiency, and disclaimers in the processor's literature, you can claim compensation above the minimal value of what it costs to produce a photo; but how much should you be compensated? There are various ideas that Farnsworth puts forward for computing the value, but in fact there may be great discrepancy in what is awarded and only ambiguous guidance; in one case the award was $7,500. For maximum efficiency, I would have though the customer should have been given the opportunity to purchase insurance against loss and that would be the only recourse.

This is THE book for anyone who wants to understand the rationale behind the key legal rules that govern society. It's readable and interesting -- not one bit dry! -- and presents the theories in a logical order, building from the simplest (ex post vs. ex ante -- or downstream vs. upstream reasoning) to the more complex tools, such as game theory's Prisoner's Dilemma. It encourages the reader to ponder why the creation of incentives for good behavior in a complex world is a challenge, and explains just how the easy solutions can go badly wrong. In short: it helps you think clearly and deeply about big issues by providing a very nice set of "Thinking Tools." (I wish all our Senators and Congressmen were required to read this; it would surely elevate the level of the debate.)For the student contemplating law school, this would be a fine introduction to legal reasoning. It would set you up well for the first year's work, especially in Contracts and Torts.

The author says he intends his book to be of interest to "law students, lawyers, scholars, and anyone else with an interest in the legal system". The pity is that most people are unaware of the impact of the legal system and its impact on their daily lives. A book like "The Legal Analyst", unfortunately, is not for the average citizen. It took me months of nibbling, reading a bit at a time, to get through these fascinating, but densely written book. "The Legal Analyst" is excellent: informative, learned and challenging, all at the same time. The alternative title considered was "Thinking Like a Law Professor" and that might have been more appropriate. The value of the book is that instead of discussing rules as so many law texts do, Professor Farnsworth introduces us here - quite effectively - to tools for thinking about the law. I am not a lawyer, but lawyers are my clientele and I play a role in litigation as an expert witness and consultant. I am also an American who is very concerned about the direction of the nation and the fate of its Constitution, the very document that makes us a nation of laws. Professor Farnsworth is a gentle guide. He avoids footnotes. He doesn't use dry academic language. He is, matter of fact, pretty straightforward. But the subject matter itself, while always challenging, is sometimes dry. There are thirty chapters on the tools of legal thought, prefaced by a introduction that poses an interesting challenge. If a robber enters a bank, takes customer hostage and threatens to kill a hostage if he doesn't get $5,000, should the bank be held liable when the robber gets no money and kills the hostage? (I'm not going to tell.) On the whole, only the truly committed will make it through this book. It is not because of any lack of quality or scholarship: it is simply a difficult read. Those who do complete the trek will be rewarded with an expanded knowledge of the logic of the law. I do wish Professor Farnsworth would consider writing a version of "The Legal Analyst" for the average person - such a book is truly needed.Jerry

I am starting law school this fall and needed something to get me on the right track... I think this book is doing the job... It is teaching me how to think... Interesting huh, we come here already knowing how to think? However, it is teaching me to think outside the box, think in multiplicity, and to think of things as wholes.. Everyday folk tend to look at things microcosmically, we can't help it because we only have to worry about ourselves or the unit (family) we belong.. I think (because I am not one yet) a lawyer must look at the big picture and see how his client fits into the scheme of things... This is what Farnsworth is teaching me.... He is doing an excellent job... Thus, he has written a great treatise on this subject. That is, learning how to think, not necessarily like a lawyer... This is a great book for everybody.

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