Legal Reason and Unreason

Tim van Gelder put an interesting post on his blog about his struggle to restate the reasoning in a judicial opinion. I sent him the following brief (and slightly-edited) private message in which I said, "Your discussion reminds me of the difficulties that many first year law students have with judges' reasoning. The message typically sent by law teachers to their charges is that students have to learn to think logically when in fact, in a real sense (as Tim's post illustrates), people who wish to learn the law have to learn to think illogically."

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