Studies In Legal Logic
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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.
Studies In Legal Logic
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Author : Jaap Hage
language : en
Publisher: Springer
Release Date : 2009-09-03
Studies In Legal Logic written by Jaap Hage and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-03 with Education 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.
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.
New Developments In Legal Reasoning And Logic
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Author : Shahid Rahman
language : en
Publisher:
Release Date : 2022
New Developments In Legal Reasoning And Logic written by Shahid Rahman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with 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.
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.
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.
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.
Logical Tools For Modelling Legal Argument
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Author : Henry Prakken
language : en
Publisher: Springer
Release Date : 1997-10-31
Logical Tools For Modelling Legal Argument written by Henry Prakken and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-10-31 with Computers categories.
This book, the expanded and completely revised text of the author's renowned 1993 dissertation, studies the logical aspects of legal reasoning, in order to provide philosophical foundations for legal applications of Artificial Intelligence. It respects that legal reasoning often takes place in a disputational setting, and observes that the law leaves ample room for disagreement, which means that lawyers reason under the possibility of exceptions and with contradictory legal sources, and cannot do without non-deductive reasoning forms, such as analogical reasoning. The study shows that, contrary to what is often said, these features do not escape a logical analysis if recent developments in logic and Artificial Intelligence on so-called non-monotonic reasoning and defeasible argumentation are used, and if logic is regarded as a tool in, rather than as, a model of legal argument. This book is relevant for scholars in legal philosophy, artificial intelligence, logic and argumentation theory, and can also serve as a textbook for graduate courses in AI & Law, non-monotonic reasoning and legal argumentation.
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.
Legal Problem Solving And Syllogistic Analysis
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Author : Kenneth Yin
language : en
Publisher:
Release Date : 2016-09-23
Legal Problem Solving And Syllogistic Analysis written by Kenneth Yin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-23 with Law categories.
Understanding how to go about solving legal problems is a critical skill law students require in order to achieve success at law school and later in professional practice. This innovative text is a guide to developing students' critical thinking in solving legal problems through the application of the principles of logic. The authors explain how syllogistic analysis provides the underlying basis for legal problem solving using the IRAC method commonly taught in foundation law studies. Drawing on everyday examples, the processes of everyday reasoning are used both to deconstruct and reconstruct the reasoning itself. The step-by-step approach demonstrates the application of legal reasoning and research to generate appropriate responses to legal issues. It assists students to engage in critical analysis so as to make a reasoned choice amongst alternative responses to those legal problems. For lecturers, the book is supported by an online teaching guide and a suite of supplementary learning resources. The learning and use of syllogisms as the basis for IRAC and its variants is supported with accessible models, clear analysis and scaffolding. The methodology is supported by research into the most effective teaching and learning approaches and incorporates scaffolding, provision of feedback, teacher-student interaction, student-centred teaching, contextualisation, drawing on students' experiences and empowering students by equipping them with the cognitive skills required in real-life lawyers from the outset of their law studies Features Explains the use of the syllogism as the foundation for all legal deductive logic in problem solving Improves critical thinking in solving legal problems Presented in a teaching template that is suitable for foundation legal studies students Uses everyday learning experiences to demonstrate the techniques and applies them to legal analogies Related Titles Bott & Talbot Stokes, Nemes & Coss' Effective Legal Research, 6th ed, 2015Chisholm & Nettheim, Understanding Law, 8th ed, 2012Corbett-Jarvis & Grigg, Effective Legal Writing: A Practical Guide, 2014Field, Duffy and Huggins, Lawyering and Positive Professional Identities, 2014Hall & Macken, LexisNexis Guides: Legislation and Statutory Interpretation, 4th ed, 2015Stuhmcke, LexisNexis Guides: Legal Referencing, 4th ed, 2011