Instructors
Scott Brewer
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Jurisprudence
January 31, 2023
Prerequisites: None Exam Type: Any Day Take-home Jurisprudence is the silent and controlling partner in every judge’s and every lawyer’s reasoning about law. A judge,…
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Evidence
January 19, 2023
Prerequisites: None. Exam type: In Class We rely on judgments about evidence throughout our personal and professional lives. These judgments include the evidence supplied by…
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Jurisprudence
January 18, 2023
Prerequisites: None Exam Type: Any Day Take-home Jurisprudence is the silent and controlling partner in every judge’s and every lawyer’s reasoning about law. A judge,…
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The Jurisprudence of Excellence
January 18, 2023
Prerequisites: No special background is required. Cross-registrants are welcome. Anyone seeking information about this course should feel free to contact Professor Scott Brewer at sbrewer@law.harvard.edu.
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The Fulfilled Life and the Life of the Law
January 18, 2023
Prerequisites: None Exam: No Exam What is it to lead a fulfilled life? This was the central question for ancient philosophers, in both the east…
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Philosophical Analysis of Legal Argument: The Logocratic Method in an Uncertain Time
January 18, 2023
Prerequisites: None Exam Type: No Exam Ours is a time fraught with uncertainty about the stability and legitimacy of political and legal institutions and the…
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Jurisprudence
January 18, 2023
Prerequisites: None Exam Type: Please refer to the Fall 2020 Tentative Exam Schedule This course will introduce and explore basic themes in jurisprudence. Topics…
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Evidence and Reason
January 18, 2023
Prerequisites: None Exam Type: No Exam We rely on reasoned inferences with reliable evidence to manage everyday life — to decide, for example, what precautions…
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Scott Brewer, Interactive Virtue and Vice in Systems of Arguments: A Logocratic Analysis, 28 Artificial Intelligence & L. 151 (2020).
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Evidence, 2019 Rules and Statute Supplement
October 19, 2022
Jack B. Weinstein, Norman Abrams, Scott Brewer & Daniel S. Medwed, Evidence, 2019 Rules and Statute Supplement (2019).
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Indefeasible Analogical Argument
October 19, 2022
Scott Brewer, Indefeasible Analogical Argument, in Analogy and Exemplary Reasoning in Legal Discourse 33 (Hendrik Kaptein & Bastiaan van der Velden eds., 2018).
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Agonophobia (Fear of Contest) In the Theory of Argument?: The Case of Gary Lawson’s Evidence of the Law
October 19, 2022
Scott Brewer, Agonophobia (Fear of Contest) In the Theory of Argument?: The Case of Gary Lawson’s Evidence of the Law, 97 B.U. L. Rev. 2303…
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Evidence
October 19, 2022
Jack Weinstein, Norman Abrams, Scott Brewer & Daniel Medwed, Evidence (Foundation Press 10th ed. 2017).
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The Examined Life of the Law
October 19, 2022
Scott Brewer, Speech: “The Examined Life of the Law,” The Law Program of the Center for Contemplative Mind in Society (March 2002).
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Socrates and Jurisprudence
October 19, 2022
Scott Brewer, Socrates and Jurisprudence, Regional Symposium on Contemplative Practice in Higher Education, Amherst College (May 2003).
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Is Philosophy in Evidence?
October 19, 2022
Scott Brewer, Is Philosophy in Evidence?, Conference Culture and Inference (Spring 2003).
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Intellectual Integrity in the Legal Process
October 19, 2022
Scott Brewer, Intellectual Integrity in the Legal Process, Provost’s Lecture, SUNY Stony Brook (Spring 2003).
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Quelques Raisonnements Theoriques dur des Raisonnements Pratiques a Propos du Rasionnement Theorique
October 19, 2022
Scott Brewer, Quelques Raisonnements Theoriques sur des Raisonnements Pratiques a Propos du Rasionnement Theorique, in Fondements Naturels de l’Ethique 267 (Jean-Pierre Changeux ed., Editions Odile…
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Pragmatism, Oppression, and the Flight to Substance
October 19, 2022
Scott Brewer, Pragmatism, Oppression, and the Flight to Substance, in The Philosophy of Legal Reasoning: Evolution and Revolution in Theories of Legal Reasoning 105 (Scott…
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Exemplary Reasoning: Semantics, Pragmatics, and the Rational Force of Legal Argument by Analogy
October 19, 2022
Scott Brewer, Exemplary Reasoning: Semantics, Pragmatics, and the Rational Force of Legal Argument by Analogy, in The Philosophy of Legal Reasoning: Logic, Probability, and Presumptions…
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Rational Force of Legal Argument by Anthology
October 19, 2022
Scott Brewer, Rational Force of Legal Argument by Anthology, in The Philosophy of Legal Reasoning 49 (Scott Brewer ed., Garland 1998).
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Traversing Holmes’ Path toward a Jurisprudence of Logical Form
October 19, 2022
Scott Brewer, Traversing Holmes’ Path Toward a Jurisprudence of Logical Form, in “The Path of the Law” and Its Influence: The Legacy of Oliver Wendell…
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Logocratic Method and the Analysis of Arguments in Evidence
October 19, 2022
Scott Brewer, Logocratic Method and the Analysis of Arguments in Evidence, 10 Law, Probability & Risk 175 (2011).
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Scott Brewer, On the Possibility of Necessity in Legal Argument: A Dilemma for Holmes and Dewey, 34 J. Marshall L. Rev. 9 (2000).
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Exemplary Reasoning: Semantics, Pragmatics, and the Rational Force of Legal Argument by Analogy
October 19, 2022
Scott Brewer, Exemplary Reasoning: Semantics, Pragmatics, and the Rational Force of Legal Argument by Analogy, 109 Harv. L. Rev. 923 (1996).
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Scott, Brewer, Note: Figuring the Law: Holism and Tropological Inference in Legal Interpretation, 97 Yale L.J. 823 (1988).
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The Philosophy of Legal Reasoning
October 19, 2022
The Philosophy of Legal Reasoning (Scott Brewer ed., 1998). (with introduction by Scott Brewer, 5 vols.)…
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Scientific Expert Testimony and Intellectual Due Process
October 19, 2022
Scott Brewer, Scientific Expert Testimony and Intellectual Due Process, 107 Yale L.J. 1535 (1998).
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Justice Marshall’s Justice Martial
October 19, 2022
Scott Brewer, Justice Marshall’s Justice Martial, 71 Tex. L. Rev. 1121 (1993).
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Introduction
October 19, 2022
Scott Brewer, Gustavo Ribeiro & Giovanni Sartor, Introduction, 13 Law, Probability & Risk 193 (2014).
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Choosing Sides in the Racial Critiques Debate — Introduction
October 19, 2022
Scott Brewer, Choosing Sides in the Racial Critiques Debate — Introduction, 103 Harv. L. Rev. 1844 (1990).
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Pragmatism, Oppression, and the Flight to Substance
October 19, 2022
Scott Brewer, Pragmatism, Oppression, and the Flight to Substance, 63 S. Cal. L. Rev. 1753 (1990).
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Scott Brewer, Satisfaction and Posner’s Morin Opinion: Aliquando bonus dormitat posnerus?, 120 Harv. L. Rev. 1123 (2007).
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Scott Brewer, Symposium on the Renaissance of Pragmatism in American Legal Thought — Afterword, 63 S. Cal. L. Rev. 1911 (1990).