Logical Concepts In Legal Positivism
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Logical Concepts In Legal Positivism
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Author : Juliele Maria Sievers
language : en
Publisher:
Release Date : 2016-12-19
Logical Concepts In Legal Positivism written by Juliele Maria Sievers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-19 with Philosophy categories.
The present work offers an original approach on the legal notions developed by Hans Kelsen in his attempts towards a "pure" theory of Law, based on a philosophical analysis of the main legal concepts that have a strong philosophical feature, namely those notions which are somehow "shared" between the two fields in their name, but not always in their meaning. While the most striking notion to be approached via a philosophical perspective would probably be that of legal validity (since validity is a central term also in Logic), we aim, in the same way, to approach the notions of legal fictions, the notion of science in Law, normative conflicts or "contradictions" as they are commonly - and wrongly - named, and the rule of inference as it is applied in the context of normative creation, giving place to the wrong notion of practical reasoning. The notion of practical reasoning is very rich in this context of comparison, and will be a special one, as it serves for us to analyze traditional problems of legal theory, such as JOrgensen's dilemma, as well as it offers the opportunity of providing our own alternative of a legitimate logical treatment of the process of legal justification in the context of the creation of a norm. We aim to analyze the notion of legal and logical conditions as well, which represent a changing in Kelsen's perspective on the utility and legitimacy of the application of logic to the legal domain. Such a comparative study, even if it appears to be fundamental for clarifying those notions in their respective fields, is a task never before developed in this systematic manner. The objective of such a study is to provide a clear overview of the boundaries between the fields of philosophy (especially logic) and the legal norms. A clear understanding of the relations between those "homonym" notions may explain why they are - most of the time - misused when philosophers talk about law, as well as when lawyers and jurists try to justify the concepts composing their legal theories. The context of this study is the legal positivism as it is explained by the legal-philosopher Hans Kelsen. This choice is justified by the fact that Kelsen's legal theory appears to be the most suitable frame for an analytical, logic-oriented investigation. The work emphasized will be the General Theory of Norms (1979), mainly because of the fact that this book represents how intensively Kelsen dedicated himself to the legal problems mostly related to philosophy or logic, namely the question of the application of logic to norms and the clarification of problematic notions such as the Basic Norm as a fiction or, still, the notion of "modally indifferent substrate," that we consider to be a path towards a conciliation between logic and law.
Methods Of Legal Reasoning
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Author : Jerzy Stelmach
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-09-03
Methods Of Legal Reasoning written by Jerzy Stelmach 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 2006-09-03 with Law categories.
Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
An Institutional Theory Of Law
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Author : N. MacCormick
language : en
Publisher: Springer Science & Business Media
Release Date : 1986-01-31
An Institutional Theory Of Law written by N. MacCormick 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 1986-01-31 with Philosophy categories.
The Logic Of Legal Requirements
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Author : Jordi Ferrer Beltrán
language : en
Publisher: OUP Oxford
Release Date : 2012-09-13
The Logic Of Legal Requirements written by Jordi Ferrer Beltrán and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-13 with Law categories.
When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself? When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes ever more sophisticated. This collection gathers together some of the most prominent legal philosophers in the Anglo-American and civil law traditions to analyse the logical structure of legal norms. They focus on the issue of defeasibility, which has become a central concern for both logicians and legal philosophers in recent years. The book is divided into four parts. The first section is devoted to unravelling the basic concepts related to legal defeasibility and the logical structure of legal norms, focusing on the idea that law, or its components, are liable to implicit exceptions, which cannot be specified before the law's application to particular cases. Part two aims to disentangle the main relations between the issue of legal defeasibility and the issue of legal interpretation, exploring the topic of defeasibility as a product of certain argumentative techniques in the law. Section 3 of the volume is dedicated to one of the most problematic issues in the history of jurisprudence: the connections between law and morality. Finally, section 4 of the volume is devoted to analysing the relationships between defeasibility and legal adjudication.
Deontic Logic And Legal Systems
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Author : Pablo E. Navarro
language : en
Publisher: Cambridge University Press
Release Date : 2014-09-29
Deontic Logic And Legal Systems written by Pablo E. Navarro 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 2014-09-29 with Law categories.
"Logic and law have a long history in common, but the influence has been mostly one-sided, except perhaps in the 5th and 6th centuries B.C., where disputes at the market place or in tribunals in Greece seem to have stimulated a lot of reflection among sophistic philosophers on such topics as language and truth. Most of the time it was logic that influenced legal thinking, but in the last 50 years logicians began to be interested in normative concepts and hence in law"--
Legal Positivism
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Author : Samuel I. Shuman
language : en
Publisher: Detroit : Wayne University Press
Release Date : 1963
Legal Positivism written by Samuel I. Shuman and has been published by Detroit : Wayne University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Law categories.
The Logic Of Choice
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Author : Gidon Gottlieb
language : en
Publisher: Routledge
Release Date : 2019-10-30
The Logic Of Choice written by Gidon Gottlieb and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-30 with Philosophy categories.
Originally published in 1968. This is a critical study of the concept of ‘rule’ featuring in law, ethics and much philosophical analysis which the author uses to investigate the concept of ‘rationality’. The author indicates in what manner the modes of reasoning involved in reliance upon rules are unique and in what fashion they provide an alternative both to the modes of logico-mathematical reasoning and to the modes of scientific reasoning. This prepares the groundwork for a methodology meeting the requirements of the fields using rules such as law and ethics which could be significant for communications theory and the use of computers in normative fields. Other substantive issues related to the mainstream of legal philosophy are discussed - theories of interpretation, the notion of purpose and the requirements of principled decision-making. The book utilizes examples drawn from English and American legal decisions to suggest how the positions of legal positivism and of natural law are equally artificial and misleading.
Legal Method And The Rule Of Law
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Author : Sebastián Urbina
language : en
Publisher: Springer Science & Business Media
Release Date : 2002-08-31
Legal Method And The Rule Of Law written by Sebastián Urbina 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 2002-08-31 with Law categories.
We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.
Philosophical Foundations Of The Nature Of Law
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Author : Wil Waluchow
language : en
Publisher: OUP Oxford
Release Date : 2013-03-14
Philosophical Foundations Of The Nature Of Law written by Wil Waluchow and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Law categories.
In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy. The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second theme focus on the power of coercion, often overlooked in contemporary legal philosophy. The third set of papers addresses the aims and methods of legal theory, and the role of conceptual analysis. The final section explores new methods and issues in the subject, and offers fresh starting points for future work in the field. Gathering many leading and up-and-coming writers in the subject, the volume offers a snapshot of the best current work in general jurisprudence.
Legal Positivism In American Jurisprudence
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Author : Anthony J. Sebok
language : en
Publisher: Cambridge University Press
Release Date : 1998-10-28
Legal Positivism In American Jurisprudence written by Anthony J. Sebok 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 1998-10-28 with Law categories.
This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.