Logic In Law
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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.
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 Law 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.
Law And The New Logics
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Author : H. Patrick Glenn
language : en
Publisher: Cambridge University Press
Release Date : 2017-01-26
Law And The New Logics written by H. Patrick Glenn and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-26 with Law categories.
This book explores relationships between law and legal reasoning, and recent developments in formal logic.
Reasoning With Rules
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Author : Jaap Hage
language : en
Publisher: Springer Science & Business Media
Release Date : 1996-11-30
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 1996-11-30 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.
Logic In The Theory And Practice Of Lawmaking
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Author : Michał Araszkiewicz
language : en
Publisher: Springer
Release Date : 2015-10-05
Logic In The Theory And Practice Of Lawmaking written by Michał Araszkiewicz and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-05 with Law categories.
This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
New Developments In Legal Reasoning And Logic
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Author : Shahid Rahman
language : en
Publisher: Springer Nature
Release Date : 2021-12-16
New Developments In Legal Reasoning And Logic written by Shahid Rahman and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-16 with Philosophy categories.
This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.
Learning Law
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Author : Sheldon Margulies
language : en
Publisher:
Release Date : 1993
Learning Law written by Sheldon Margulies and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Logical Tools For Modelling Legal Argument
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Author : H. Prakken
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
Logical Tools For Modelling Legal Argument written by H. Prakken 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 Philosophy categories.
This book is a revised and extended version of my PhD Thesis 'Logical Tools for Modelling Legal Argument', which I defended on 14 January 1993 at the Free University Amsterdam. The first five chapters of the thesis have remained almost completely unchanged but the other chapters have undergone considerable revision and expansion. Most importantly, I have replaced the formal argument-based system of the old Chapters 6, 7 and 8 with a revised and extended system, whieh I have developed during the last three years in collaboration with Giovanni Sartor. Apart from some technical improvements, the main additions to the old system are the enriehment of its language with a nonprovability operator, and the ability to formalise reasoning about preference criteria. Moreover, the new system has a very intuitive dialectieal form, as opposed to the rather unintuitive fixed-point appearance of the old system. Another important revision is the split of the old Chapter 9 into two new chapters. The oldSection 9. 1 on related research has been updated and expanded into a whole chapter, while the rest of the old chapter is now in revised form in Chapter 10. This chapter also contains two new contributions, a detailed discussion of Gordon's Pleadings Game, and a general description of a multi-Iayered overall view on the structure of argu mentation, comprising a logieal, dialectical, procedural and strategie layer. Finally, in the revised conclusion I have paid more attention to the relevance of my investigations for legal philosophy and argumentation theory.
Oliver Wendell Holmes Jr And Legal Logic
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Author : Frederic R. Kellogg
language : en
Publisher: University of Chicago Press
Release Date : 2018-03-16
Oliver Wendell Holmes Jr And Legal Logic written by Frederic R. Kellogg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-16 with Law categories.
With Oliver Wendell Holmes, Jr. and Legal Logic, Frederic R. Kellogg examines the early diaries, reading, and writings of Justice Oliver Wendell Holmes, Jr. (1841–1935) to assess his contribution to both legal logic and general logical theory. Through discussions with his mentor Chauncey Wright and others, Holmes derived his theory from Francis Bacon’s empiricism, influenced by recent English debates over logic and scientific method, and Holmes’s critical response to John Stuart Mill’s 1843 A System of Logic. Conventional legal logic tends to focus on the role of judges in deciding cases. Holmes recognized input from outside the law—the importance of the social dimension of legal and logical induction: how opposing views of “many minds” may converge. Drawing on analogies from the natural sciences, Holmes came to understand law as an extended process of inquiry into recurring problems. Rather than vagueness or contradiction in the meaning or application of rules, Holmes focused on the relation of novel or unanticipated facts to an underlying and emergent social problem. Where the meaning and extension of legal terms are disputed by opposing views and practices, it is not strictly a legal uncertainty, and it is a mistake to expect that judges alone can immediately resolve the larger issue.
Position And Change
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Author : L. Lindahl
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Position And Change written by L. Lindahl 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 Philosophy categories.
The present study which I have subtitled A Study in Law and Logic was prompted by the question of whether an investigation into law and legal systems could lead to the discovery of unrevealed fundamental patterns common to all such systems. This question was further stimulated by two interrelated problems. Firstly, could an inquiry be rooted in specifically legal matters, as distinct from the more usual writings on deontic logic? Secondly, could such inquiry yield a theory which would nevertheless embrace a strict and simple logical structure, permitting substantive conclusions in legal matters to be deduced from simple rules governing some basic concepts? Before the development of deontic logic, W. N. Hohfeld devoted his efforts to this question at the beginning of this century. However, with this exception, few jurists have studied the interrelation between law and logic projected in this way. Nevertheless, two great names are to be found, Gottfried Wilhelm Leibniz and Jeremy Bentham-both philo sophers with legal as weIl as logical training. Bentham's investigations of logical patterns in law have only recently attracted attention; and as for Leibniz, his achievements are still almost totally unexplored (his most important writings on law and logic have not even been translated from Latin). My initial interest in the question was evoked by Professor Stig Kanger. Although primarily a logician and philosopher, Stig Kanger has been interested also in the fundamentals of legal theory.