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How to Do Things with Legal Doctrine - Chicago Scholarship Online
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How to Do Things with Legal Doctrine

Pierre Schlag and Amy J. Griffin

Abstract

“How to do Things with Legal Doctrine,” describes and explains those fundamental rhetorical moves that cut across the law school curriculum. We discuss rules vs. standards, textualism vs. purposivism, broad and narrow time frames, the theater metaphor, continuous and segmented transactions, the myriad arguments that attend the creation and destruction of legal distinctions, the classic techniques for reconciling doctrinal conflicts, and much (much) more. We look at legal doctrine by addressing the gaps, the conflicts, and other places where law seems to run out, yet legal argument must nonethe ... More

Keywords: legal reasoning, legal analysis, rhetoric, framing, rules and standards, baselines, textualism, purposivism, formalism, realism

Bibliographic Information

Print publication date: 2020 Print ISBN-13: 9780226726106
Published to Chicago Scholarship Online: May 2021 DOI:10.7208/chicago/9780226726380.001.0001

Authors

Affiliations are at time of print publication.

Pierre Schlag, author
University of Colorado

Amy J. Griffin, author
University of Colorado