Proper legal answers require understanding each process’s role in the whole system

Evidence

“Ought” this precedent to be followed, or may the case be distinguished or overruled? “Ought” this statute to be read as reaching this situation which its words literally cover but its apparent purpose does not? “Ought” the court to give weight to prior determinations by the administrative agency charged with primary responsibility in this matter, or is it free to examine the matter de novo? The answers to questions such as these call always for a perceptive understanding of the role which the particular processes of deoision involved play in the total complex of decisional processes which make up the institutional system as a whole. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 926

Categorization

• XREF: This is squarely the interpretive-method core of the course — how legal actors reason depends on institutional role. Prefigures Hart & Sacks-style purposive interpretation. — connects to: Different questions demand different kinds of decision procedures — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 909; One statute’s administration illustrates nearly every major feature of the legal system. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1731; Lawyers must master even a defective process to protect good causes — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 687 (+5 more)

Broader Connections

• Deductive legal reasoning requires identifying the controlling major premise. #exemplifies (0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 751
• Legal reasoning requires mastery of deductive and inductive logic principles. #expands (0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 71
• Legal reasoning employs both deductive and inductive processes iteratively. #expands (0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 312
• Identifying valid legal criteria in any system is an empirical question of fact #qualifies (0.75) — HLA Hart, The Concept of Law (Clarendon Law…, 682
• The ability to study law depends on recognizing logical connections in cases #exemplifies (0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 210