Multi Criteria Analysis In Legal Reasoning
DOWNLOAD
Download Multi Criteria Analysis In Legal Reasoning PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Multi Criteria Analysis In Legal Reasoning book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Multi Criteria Analysis In Legal Reasoning
DOWNLOAD
Author : Bengt Lindell
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-05-26
Multi Criteria Analysis In Legal Reasoning written by Bengt Lindell and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-26 with Business & Economics categories.
Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.
A General Theory Of Evidence And Proof
DOWNLOAD
Author : Kevin M. Clermont
language : en
Publisher: Springer Nature
Release Date : 2024-10-02
A General Theory Of Evidence And Proof written by Kevin M. Clermont and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-02 with Law categories.
This book reframes the fundamentals of decisionmaking under uncertainty. For almost a century, theorists have spoken of truth-finding in terms of probability. They have said things like some past fact was 51% certain or proclaimed that in a civil dispute a fact must be shown to exceed a 50% likelihood. But such talk is a misleading misconception. The reason is that traditional probability fails to distinguish epistemic uncertainty from aleatory uncertainty. This conflation leads to mistakes such as invoking probability’s product rules, which calculate a conjunction’s likelihood as being low. From there, the theorists have argued that in a myriad of ways, the law violates the probability calculus unforgivably. Today, other theorists are newly realizing that in large part the law does not deal in probability. They now can defend the way that law has found facts since long before the invention of probability and on to the present. They are also reevaluating such intuitive practices as those that humans use in daily life to combine inferences upon inferences. A hotly contested literature has emerged. In a significant, comprehensive, and original contribution, this book develops a theoretical justification for the intuitive approaches that humans deploy across a broad range of decisionmaking. Instead of probability, the book focuses on degrees of belief that estimate, given the state of the evidence, how far a proposition has been fully proven. Instead of combining findings by the rules of probability, the book uses the rules of multivalent logic. The aim is to illuminate decisionmaking outside statistical analysis, showing that our ancient wisdom is in fact theoretically solid. The target is everyone interested in improving decisionmaking.
Trends In Multiple Criteria Decision Analysis
DOWNLOAD
Author : Salvatore Greco
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-09-10
Trends In Multiple Criteria Decision Analysis written by Salvatore Greco 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 2010-09-10 with Business & Economics categories.
Multiple Criteria Decision Making (MCDM) is the study of methods and procedures by which concerns about multiple conflicting criteria can be formally incorporated into the management planning process. A key area of research in OR/MS, MCDM is now being applied in many new areas, including GIS systems, AI, and group decision making. This volume is in effect the third in a series of Springer books by these editors (all in the ISOR series), and it brings all the latest developments in MCDM into focus. Looking at developments in the applications, methodologies and foundations of MCDM, it presents research from leaders in the field on such topics as Problem Structuring Methodologies; Measurement Theory and MCDA; Recent Developments in Evolutionary Multiobjective Optimization; Habitual Domains and Dynamic MCDM in Changeable Spaces; Stochastic Multicriteria Acceptability Analysis; and many more chapters.
Multiple Criteria Decision Analysis
DOWNLOAD
Author : Valerie Belton
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Multiple Criteria Decision Analysis written by Valerie Belton 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 Business & Economics categories.
The field of multiple criteria decision analysis (MCDA), also termed multiple criteria decision aid, or multiple criteria decision making (MCDM), has developed rapidly over the past quarter century and in the process a number of divergent schools of thought have emerged. This can make it difficult for a new entrant into the field to develop a comprehensive appreciation of the range of tools and approaches which are available to assist decision makers in dealing with the ever-present difficulties of seeking compromise or consensus between conflicting inter ests and goals, i.e. the "multiple criteria". The diversity of philosophies and models makes it equally difficult for potential users of MCDA, i.e. management scientists and/or decision makers facing problems involving conflicting goals, to gain a clear understanding of which methodologies are appropriate to their particular context. Our intention in writing this book has been to provide a compre hensive yet widely accessible overview of the main streams of thought within MCDA. We aim to provide readers with sufficient awareness of the underlying philosophies and theories, understanding of the practi cal details of the methods, and insight into practice to enable them to implement any of the approaches in an informed manner. As the title of the book indicates, our emphasis is on developing an integrated view of MCDA, which we perceive to incorporate both integration of differ ent schools of thought within MCDA, and integration of MCDA with broader management theory, science and practice.
The European Convention For The Protection Of Human Rights
DOWNLOAD
Author : Mireille Delmas-Marty
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1992
The European Convention For The Protection Of Human Rights written by Mireille Delmas-Marty and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Political Science categories.
Court of Human Rights:.
New Essays On The Nature Of Legal Reasoning
DOWNLOAD
Author : Mark McBride
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-19
New Essays On The Nature Of Legal Reasoning written by Mark McBride and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-19 with Law categories.
This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.
The Legal Reasoning Of The Court Of Justice Of The Eu
DOWNLOAD
Author : Gunnar Beck
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-01-21
The Legal Reasoning Of The Court Of Justice Of The Eu written by Gunnar Beck and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-21 with Law categories.
The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the Court's jurisprudence over more than half a century? The book is divided into two parts. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism and rule instability associated with precedent. Part two examines the jurisprudence of the Court of Justice of the EU against this theoretical framework. The author demonstrates that the ECJ's interpretative reasoning is best understood in terms of a tripartite approach whereby the Court justifies its decisions in terms of the cumulative weight of purposive, systemic and literal arguments. That approach is more in line with orthodox legal reasoning in other legal systems than is commonly acknowledged and differs from the approach of other higher, especially constitutional courts, more in degree than in kind. It nevertheless leaves the Court considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another. The Court's exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra-legal steadying factors of legal reasoning, which include a range of political factors such as sensitivity to Member States' interests, political fashion and deference to the 'EU legislator'. In conclusion, the Court of Justice of the EU has used the flexibility inherent in its interpretative approach and the choice it usually enjoys in determining the relative weight and order of the interpretative criteria at its disposal, to resolve legal uncertainty in the EU primary legal materials in a broadly communautaire fashion subject, however, to i) regard to the political, constitutional and budgetary sensitivities of Member States, ii) depending on the constraints and extent of interpretative manoeuvre afforded by the degree of linguistic vagueness of the provisions in question, the relative status of and degree of potential conflict between the applicable norms, and the range and clarity of the interpretative topoi available to resolve first-order legal uncertainty, and, finally, iii) bearing in mind the largely unpredictable personal element in all adjudication. Only in exceptional cases which the Court perceives to go to the heart of the integration process and threaten its acquis communautaire, is the Court of Justice likely not to feel constrained by either the wording of the norms in issue or by the ordinary conventions of interpretative argumentation, and to adopt a strongly communautaire position, if need be in disregard of what the written laws says but subject to the proviso that the Court is assured of the express or tacit approval or acquiescence of national governments and courts.
Logic Probability And Presumptions In Legal Reasoning
DOWNLOAD
Author : Scott Brewer
language : en
Publisher: Routledge
Release Date : 2013-06-17
Logic Probability And Presumptions In Legal Reasoning written by Scott Brewer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-17 with Philosophy categories.
At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
Joint Ventures And Eu Competition Law
DOWNLOAD
Author : Luís Morais
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-07-18
Joint Ventures And Eu Competition Law written by Luís Morais and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
This book examines the treatment of joint ventures (JVs) in EU Competition Law, and at the same time provides a comparison with US law. It starts with an analysis of the rather elusive concept of JV, encompassing both concentrative JVs (subject to merger control) and non-concentrative JVs. Although focused on possible definitions of joint ventures in terms of competition law, it also includes a broader perspective (going beyond competition law) on the different legal models of structuring cooperation links between undertakings. At the core of the book is an attempt to build an analytical model for the assessment of JVs in terms of antitrust law, especially as regards Article 101 of the TFEU. The analytical model used proposes a set of sequential analytical levels, taking into account structural factors and specific factors related to the main constituent elements of the functional programmes of JVs. The model is applied to a substantive assessment of four main types of JVs identified on the basis of their prevailing economic function: research and development JVs; production JVs; commercialization JVs; and purchasing JVs. Also covered are particular situations of joint ownership of undertakings falling short of joint control. In the concluding part of the book recent developments in JV antitrust law are put into context within the wider reform of EU Competition Law. The book is also comprehensively updated with the latest developments concerning the reform of the EU framework of horizontal cooperation between undertakings that took place at the end of 2010.
Argumentation Schemes
DOWNLOAD
Author : Douglas Walton
language : en
Publisher: Cambridge University Press
Release Date : 2008-08-04
Argumentation Schemes written by Douglas Walton 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 2008-08-04 with Mathematics categories.
This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined in the last chapter. It provides a systematic and comprehensive account, with notation suitable for computational applications that increasingly make use of argumentation schemes.