Abstract
Constitutional law, therefore, makes frequent explicit use of techniques that are more often implicit in most areas of law. The basic process of reasoning, however, remains the same. And the debate over positivism, the degree to which judges can and should make new law, is really the same; it just has more vigor in constitutional law because of the visibility of its operation.
Recommended Citation
Teitelbaum, Lee E. and McCormack, Wayne
(2006)
"A Simplified Introduction to Legal Argument,"
Utah Law Review: Vol. 2006:
No.
1, Article 3.
Available at:
https://dc.law.utah.edu/ulr/vol2006/iss1/3