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The Proof
How do we know what we think we know? The answer is evidence, but evidence is no simple thing. What counts as evidence in a scientific context or private dispute may not stand up in court. Frederick Schauer combines perspectives from law, statistics, psychology, and philosophy to assess the nature of evidence in the era of “fake news.”
The Force of Law
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
Thinking Like a Lawyer
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.
Playing by the Rules
This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.
Leading Cases in Constitutional Law, a Compact Casebook for a Short Course 2023
An annually-revised paperback designed for a single-semester course on constitutional law. The four renowned authors, now including Michael Dorf and Frederick Schauer, are co-editors of a long-time favorite teaching book, the much larger and newly revised Constitutional Law: Cases, Comments & Questions, 14th Edition. "Leading Cases," which is a stripped-down version of that book, contains "the essentials" for teaching a basic course in constitutional law. Because the organization of the compact book parallels that of the much lengthier Choper - Dorf - Fallon - Schauer casebook, which contains extensive Notes & Questions, the latter can serve as a "resource" book for instructors teaching from the paperback. This edition of "Leading Cases" is up to date through the completion of the Supreme Court Term that ends in June 2023. Subsequent editions of "Leading Cases" will continue to be published every summer for classroom use in the fall and will include all the significant cases handed down during the most recent Supreme Court Term.
Leading Cases in Constitutional Law, a Compact Casebook for a Short Course 2019
An annually-revised paperback designed for a single-semester course on constitutional law, this book is roughly half the length of many hardcover casebooks. The four renowned authors, now including Michael Dorf and Frederick Schauer, are co-editors of a long-time favorite teaching book, the much larger and newly revised Constitutional Law: Cases, Comments & Questions, 13th Edition. "Leading Cases," which is a stripped-down version of that book, contains "the essentials" for teaching a basic course in constitutional law. Because the organization of the compact book parallels that of the much lengthier Choper - Dorf - Fallon - Schauer casebook, which contains extensive Notes & Questions, the latter can serve as a "resource" book for instructors teaching from the paperback. This edition of "Leading Cases" is up to date through the completion of the Supreme Court Term that ended in June 2019. Subsequent editions of "Leading Cases" will continue to be published every summer for classroom use in the fall and will include all the significant cases handed down during the most recent Supreme Court Term.
The Theory of Rules
Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
Profiles, Probabilities, and Stereotypes
This book employs a careful, rigorous, yet lively approach to the timely question of whether we can justly generalize about members of a group on the basis of statistical tendencies of that group. For instance, should a military academy exclude women because, on average, women are more sensitive to hazing than men? Should airlines force all pilots to retire at age sixty, even though most pilots at that age have excellent vision? Can all pit bulls be banned because of the aggressive characteristics of the breed? And, most controversially, should government and law enforcement use racial and ethnic profiling as a tool to fight crime and terrorism? Frederick Schauer strives to analyze and resol...
