The Legal Analyst: A Toolkit for Thinking about the Law [Paperback]

Ward Farnsworth (Author)

Book Description

ISBN-10: 0226238350 | ISBN-13: 978-0226238357 | Publication Date: June 15, 2007

There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.

From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.

The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.

Editorial Reviews

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"

About the Author

Ward Farnsworth, who clerked for both Judge Richard A. Posner and Justice Anthony M. Kennedy, is professor of law and Nancy Barton Scholar at the Boston University School of Law. He is the coauthor of Torts: Cases and Questions.

 

 

 

Product Details

• Paperback: 326 pages
• Publisher: University Of Chicago Press (June 15, 2007)
• Language: English
• ISBN-10: 0226238350
• ISBN-13: 978-0226238357
• Product Dimensions: 8.9 x 6 x 0.9 inches
• Shipping Weight: 1.1 pounds (View shipping rates and policies)
• Average Customer Review: 4.9 out of 5 stars  See all reviews (14 customer reviews)
• Amazon Best Sellers Rank: #81,420 in Books (See Top 100 in Books)
  • #53 in Books > Law > Legal History
  • #92 in Books > Law > Philosophy

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Customer Reviews

Most Helpful Customer Reviews

32 of 32 people found the following review helpful:

5.0 out of 5 stars This is an Exceptional book, August 25, 2007

By 

Raymond C. Atkins (framingham, ma United States) - See all my reviews
(REAL NAME)   

This review is from: The Legal Analyst: A Toolkit for Thinking about the Law (Paperback)

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.

33 of 34 people found the following review helpful:

5.0 out of 5 stars "Toolkit" is Right. Real-World Value, August 10, 2007

By 

V. R. Stull - See all my reviews
(REAL NAME)   

This review is from: The Legal Analyst: A Toolkit for Thinking about the Law (Paperback)

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.

21 of 21 people found the following review helpful:

5.0 out of 5 stars Thought provoking and not just for lawyers, July 22, 2008

By 

George Stanton "George" (New York, NY USA) - See all my reviews

This review is from: The Legal Analyst: A Toolkit for Thinking about the Law (Paperback)

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.