Review
“This is an outstanding book that occupies a significant and unique niche in the literature of jurisprudence and legal methodology. Ward 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”
Review
“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 (David J. Bederman )
–This text refers to the
Hardcover
edition.
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Is it wrong of me to argue before the local Bench while relying on what I’ve learned from “The Legal Analyst” without giving Ward Farnsworth credit? I really should. It’s been a very long time since I’ve enjoyed any book more than “The Legal Analyst. ” I read about it on the Volokh Conspiracy and I imagined “theory. ” But I quickly realized it has such real-world value that I consider it one of my most essential tools. Every chapter not only brings understanding but a realization that you are being taught to argue much more effectively. Besides, it’s just plain good reading.
It provides the reader with an overview of the principle methods used in legal reasoning. Using simple, but realistic examples Farnsworth shows the ambiguity facing the various parties in a legal setting. He shows how various “tools” can be used in thinking about legal problems and describes the less obvious but potentially relevant factors that must be considered in deciding the outcome. The audience for the book is not limited to lawyers. It will be of interest to those in any profession where the decision to complex issues calls for seeing the problem as a whole, examining how decisions affect one another and arriving at the optimal solution. The book views the law in many parts through the lens of economic theory. It is a must-read for anyone interested in understanding the law.
It’s unfortunate that this book uses the term legal in the title since that might turn off potential readers who are not lawyers. The topics covered in this book would be interesting to anyone with an interest in politics, economics, public policy, and of course law. Some of the discussion is geared a little more towards law, but it doesn’t take too much thought to extend the ideas. Each chapter gives an introduction to the topic it concerns itself with, such as game theory, slippery slopes, hindsight bias, etc. It then goes on to discuss some problems drawn from areas such as a law, economics, or social issues, and how considering them in light of the topic of the chapter can give a new perspective. The chapters are short and not so interdependent that you couldn’t skip around a little to read the ones you find most interesting first. I think all the chapters were interesting, and recommend just starting at the beginning. Amazon doesn’t give a table of contents, but you can look up the author’s website which has a link to a website for the book. There you can find the table of contents and a few sample chapters.