Moral Theory And Legal Reasoning
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The Philosophy Of Legal Reasoning
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Author :
language : en
Publisher:
Release Date : 1998
The Philosophy Of Legal Reasoning written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Judicial process categories.
Reasoning In Ethics And Law
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Author : Albert W. Musschenga
language : en
Publisher: Routledge
Release Date : 2017-03-02
Reasoning In Ethics And Law written by Albert W. Musschenga and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Philosophy categories.
Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.
Moral And Legal Reasoning
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Author : Samuel J. Stoljar
language : en
Publisher: Springer
Release Date : 1980-06-18
Moral And Legal Reasoning written by Samuel J. Stoljar and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980-06-18 with Philosophy categories.
On Law And Legal Reasoning
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Author : Fernando Atria
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-08-07
On Law And Legal Reasoning written by Fernando Atria and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-07 with Law categories.
This book is about legal theory and legal reasoning. In particular,it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard: law is institutional, and legal reasoning is formal. These two features are so closely connected that it is reasonable to believe that in fact they are simply two ways of looking at the same issue. This becomes clearer as the focus of the book shifts from the institutional nature of law to the consequences of this for legal reasoning, and which is the principal focus of the book. The author received the European Academy of Legal Theory award in 2000 for the doctoral dissertation on which this work was based.
Reasoning In Ethics And Law
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Author : A. W. Musschenga
language : en
Publisher: Routledge
Release Date : 1999
Reasoning In Ethics And Law written by A. W. Musschenga and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Ethics categories.
Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.
Legal Reasoning And Legal Theory
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Author : Neil MacCormick
language : en
Publisher: Clarendon Press
Release Date : 1994-08-11
Legal Reasoning And Legal Theory written by Neil MacCormick and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-08-11 with Law categories.
What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
On Law And Reason
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Author : Aleksander Peczenik
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-01-12
On Law And Reason written by Aleksander Peczenik 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 2014-01-12 with Law categories.
'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.
Justice Law And Argument
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Author : Ch. Perelman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Justice Law And Argument written by Ch. Perelman 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.
This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.
Ethical Dimensions Of Legal Theory
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Author :
language : en
Publisher: BRILL
Release Date : 2021-11-15
Ethical Dimensions Of Legal Theory written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-15 with Philosophy categories.
The Universal And The Particular In Legal Reasoning
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Author : Zenon Bankowski
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2006
The Universal And The Particular In Legal Reasoning written by Zenon Bankowski and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
It is twenty-five years since the publication of Neil MacCormick's book Legal Reasoning and Legal Theory, a book that has been in print continuously since its first publication. This book looks at how examining legal reasoning can bring up important theoretical and ethical issues, as MacCormick revisits the issues anew in his current work.