Law And Logic
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Law As Logic And Experience
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Author : Max Radin
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2000
Law As Logic And Experience written by Max Radin and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Experience categories.
Radin, Max. Law as Logic and Experience. New Haven: Yale University Press, 1940. ix, [1], 171 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-30670. ISBN 1-58477-008-2. Cloth. $55. * "Although this volume does not purport to be a serious contribution to legal science or to legal philosophy, it is full of the mellow wisdom, the gracious erudition, the provoking phrase, and the human sympathy that make almost anything that Max Radin says or writes worth pondering. It presents a series of lectures on two texts: the dictum of Coke, J. 'Reason is the life of the law,' and the dissenting opinion of Holmes, J., 'The life of the law has not been logic, it has been experience.'" Felix S. Cohen, Harvard Law Review 54:711. Marke, A Catalogue of the Law Collection of New York University (1953) 924.
Past And Present Interactions In Legal Reasoning And Logic
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Author : Matthias Armgardt
language : en
Publisher: Springer
Release Date : 2015-05-18
Past And Present Interactions In Legal Reasoning And Logic written by Matthias Armgardt and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-18 with Philosophy categories.
This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen ́s Dilemma, the Rhetor ́s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying problematic of these contributions concerns the conditional structures and, more particularly, the relationship between legal theory and legal reasoning in the context of conditions. The contributions in this work constitute the first results of the ANR-DFG joint research project “JuriLog” (Jurisprudence and Logic), which aims at fostering the cooperation between legal scholars and philosophers. On the one hand, lawyers and legal scholars have an interest in emphasizing the logical character of legal reasoning. In this respect, the present enquiry examines the question of how logic, especially newer forms of dialogical logic, can be made fruitful as a significant area of philosophy for jurisprudence and legal practice. On the other hand, logicians find in legal reasoning a striving towards clear definitions and inference-procedures that is relevant to their discipline. In order to fully understand such reciprocal relationships, it is necessary to bridge the gap between law, logic and philosophy in contemporary academic research. The essays collected in this volume all work towards this common goal. The book is divided in three sections. In the first part, the strong relation between Roman Law and logic is explored with respect to the analysis of disjunctive statements in legal acts. The second part focuses on Leibniz ́s legal theory. The third part, finally, is dedicated to current interactions between law and logic.
Law And Logic
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Author : Joseph Horovitz
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Law And Logic written by Joseph Horovitz and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Science categories.
This book has two related aims: to investigate the frequently voiced claim that legal argument is nonformal in nature and, within the limits of such an investigation, to ascertain the most general proper ties of law as a rational system. Examination of a number of views of legal argument, selected from recent discussions in Germany, Belgium, and the English-speaking countries, will lead to the follow ing main conclusions. The nonformalistic conceptions of the logic of legal argument are ambiguous and unclear. Moreover, insofar as these conceptions are capable of clarification in the light of recent analytical methodology, they can be seen to be either mistaken or else compatible with the formalistic position. Because law is socially directive and coordinative, it is dependent upon theoretical psycho sociology and calls, in principle, for a deontic and inductive logic. The primary function of legal argument is to provide continuing reinterpretation and confirmation of legal rules, conceived as theo retical prescriptions. On the basis of this conception, the old juris prudential conflict between formalism and rule-scepticism appears substantially resolved. Aristotle, the founder of the theory of argument, conceived it as "the science of establishing conclusions" (bnO'l;~fl'YJ &no~e!"u,,~), designed to guide people in rational argumentation. In time, how ever, logic forsook its practical function and developed as a highly abstract and disinterested study, today called "formal logic"; and the theory of practical argument was either neglected or relegated to an appendix to rhetoric.
Outlines Of Modern Legal Logic
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Author : Ilmar Tammelo
language : en
Publisher:
Release Date : 1969
Outlines Of Modern Legal Logic written by Ilmar Tammelo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969 with Law categories.
Logic And Legal Reasoning
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Author : Douglas Lind
language : en
Publisher:
Release Date : 2001
Logic And Legal Reasoning written by Douglas Lind and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Judicial process categories.
Studies In Legal Logic
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Author : Jaap Hage
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-03-30
Studies In Legal Logic written by Jaap Hage and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-30 with Law categories.
Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the author’s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their original versions. The emphasis is on analysis, not on logical technicalities. Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules. Moreover, it contains a new, simplified and yet more powerful version of Reason-based Logic and extensive examples of how it can be used for the analysis of legal reasoning. The examples deal with legal theory construction, case-based reasoning, and judicial proof.
Logic In Law
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Author : A. Soeteman
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-14
Logic In Law written by A. Soeteman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Law categories.
The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.
Law And Logic
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Author : Dieter Krimphove
language : en
Publisher:
Release Date : 2017
Law And Logic written by Dieter Krimphove and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
This volume seeks to revive the field of law and logic, by providing an up-to-date and accessible survey of several relevant issues. Each author is an expert in his or her field, and each chapter offers an analysis of current issues, challenges, problems, limitations and/or developments.The general contribution of this book to existing scholarship is threefold. First, it seeks to consolidate current and cutting-edge scholarship by bringing together various approaches and different theories of law and logic in one volume. Secondly, the content is presented in a way that is both stimulating for current debates in the field, and at the same time, accessible to a wider audience (particularly to readers without prior knowledge of formal logic). Finally, this book aims at highlighting the practical applicability, utility and relevance of logic for the study of law, and its application (including legal argumentation).
Logic For Lawyers
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Author : Ruggero J. Aldisert
language : en
Publisher:
Release Date : 1989
Logic For Lawyers written by Ruggero J. Aldisert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Judicial process categories.
This book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.
Reasoning With Rules
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Author : Jaap Hage
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
Reasoning With Rules written by Jaap Hage and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-17 with Law categories.
Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.