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.
The Legal Analyst: A Toolkit for Thinking about the Law
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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.
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Customer Reviews
Most Helpful Customer Reviews
42 of 44 people found the following review helpful
Format: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.
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.
35 of 36 people found the following review helpful
By V. R. Stull
Format: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.
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.
24 of 25 people found the following review helpful
Format: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.
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.
Most Recent Customer Reviews
5.0 out of 5 stars
Concepts useful to anyone thinking about how the world works -- not...
How do laws and the legal process balance the competing interests of everyone involved? What do judges consider when deciding how a law should be construed? Read more
Published 2 months ago by Jeffrey Walden
5.0 out of 5 stars
Essential material for law students
The best book I bought during law school. Important for considering cases and for designing legislation. Read more
Published 3 months ago by kokedera
5.0 out of 5 stars
Excellent for the lawyer's mind
Ward Farnsworth, the Dean of the University of Texas School of Law, has filled a gap in the legal literature with this book about the multiple modes of legal reasoning and... Read more
Published 5 months ago by Josiah Daniel
3.0 out of 5 stars
I should have guessed ...
... when someone talks about tools and tricks for legal analysis they usually mean GAME THEORY.
I bought the book after sampling the first chapter on kindle,... Read more
I bought the book after sampling the first chapter on kindle,... Read more
Published 7 months ago by HS
5.0 out of 5 stars
The Legal Analyst
I have only been through a small portion of the (Kindle) book, but have already learned new things and look forward to reading and enjoying the rest of the book.
Published 8 months ago by James
5.0 out of 5 stars
Nothing else like this available
I attended law school in the seventies and have been practicing law ever since. A resource like book would have been invaluable during law school. Read more
Published 9 months ago by SFF
5.0 out of 5 stars
A Toolkit for Thinking
My main goal in teaching my introductory Economics class is to give students a good set of mental tools for understanding the world. Read more
Published 14 months ago by Richard Bruns
5.0 out of 5 stars
Solid Introduction to Law & Economics Principles
I recommend this book for law students with professors emphasizing law and economics. Farnsworth offers accessible and accurate explanations of standard policy arguments and law &... Read more
Published 16 months ago by Cardinal Lawyer
5.0 out of 5 stars
Legal theory, fascinating and bizarre
This book is a well-organized and well-written summary of legal theory that delves into the various issues that courts deal with. Read more
Published 20 months ago by P. Narayan
3.0 out of 5 stars
Not bad
Not a bad book... but not entirely entertaining either. The author explains different legal problems and ways to look at them from a lawyerly perspective.
Published 21 months ago by Michael Harpaz
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