This book attempts to demonstrate how the problems of understanding legal reasoning replicate difficulties encountered in the philosophy of language. At the same time, it challenges the attempts that have been made to harness approaches from within that discipline to illuminate legal reasoning. An introductory section deals with some preliminary matters in considering the nature of the relationship between legal theory and the practice of law, the scope of legal reasoning, and the role of the judge. Then the suggestion is made that the practice at the heart of legal reasoning is itself a manifestation of the way in which the limitations of language and the incompleteness of human experience at the same time provide the opportunity for coherent development, as well as displaying an inherent instability. The final section considers some of the implications of this suggestion for the practice of legal definition, an institutional approach to law, the general possibility of providing a theoretical model of law, and the nature of law's critical aperture.

Reprint of the original, first published in 1868.

This book analyzes the uses and implicit dimensions of emotive language from a pragmatic, dialectical, epistemic and rhetorical perspective.

There are many reasons to be curious about the way people learn, and the past several decades have seen an explosion of research that has important implications for individual learning, schooling, workforce training, and policy. In 2000, How People Learn: Brain, Mind, Experience, and School: Expanded Edition was published and its influence has been wide and deep. The report summarized insights on the nature of learning in school-aged children; described principles for the design of effective learning environments; and provided examples of how that could be implemented in the classroom. Since then, researchers have continued to investigate the nature of learning and have generated new findings related to the neurological processes involved in learning, individual and cultural variability related to learning, and educational technologies. In addition to expanding scientific understanding of the mechanisms of learning and how the brain adapts throughout the lifespan, there have been important discoveries about influences on learning, particularly sociocultural factors and the structure of learning environments. How People Learn II: Learners, Contexts, and Cultures provides a much-needed update incorporating insights gained from this research over the past decade. The book expands on the foundation laid out in the 2000 report and takes an in-depth look at the constellation of influences that affect individual learning. How People Learn II will become an indispensable resource to understand learning throughout the lifespan for educators of students and adults.