The Logic Of Legal Requirements
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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.
The Theory Of Rules
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Author : Karl N. Llewellyn
language : en
Publisher: University of Chicago Press
Release Date : 2011-05-01
The Theory Of Rules written by Karl N. Llewellyn 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 2011-05-01 with Law categories.
Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
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.
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.
Logic And Experience
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Author : William P. LaPiana
language : en
Publisher: Oxford University Press
Release Date : 1994-01-20
Logic And Experience written by William P. LaPiana and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01-20 with Law categories.
The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.
The Logic Of Legal Argumentation
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Author : Marko Novak
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-26
The Logic Of Legal Argumentation written by Marko Novak and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-26 with Law categories.
Multi-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life situations are considered. It does not discard logic but adds other modes of argumentation to complement it, to emphasize the realistic environments of communication. In this sense, the multi-modal theory is important for the area of legal argumentation, where even in the reasoning of judicial decisions traces of a flesh-and-blood personality, who decided the case and wrote the reasons, can be found. This book presents a comprehensive analysis of this informal logic in legal argumentation and its practicality within the law. It argues that by building on the dialectical and rhetorical models of legal argument, the former being important for clear cases while the latter for unclear ones, the multi-modal theory of legal argumentation brings together logic and psychology in a holistic or integral perspective. The approach is not only descriptive, identifying the traces of alternate arguments in judicial decisions, but is also normative, presenting the criteria for evaluation that multi-modal arguments need to face to attain validity in the legal context. The work will be of interest to academics and researchers in the areas of Legal Theory, Legal Linguistics, Philosophy of Law, and Communication Studies.
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"--
Problems Of Normativity Rules And Rule Following
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Author : Michał Araszkiewicz
language : en
Publisher: Springer
Release Date : 2014-11-07
Problems Of Normativity Rules And Rule Following 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 2014-11-07 with Law categories.
This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.
An Institutional Theory Of Law
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Author : N. MacCormick
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
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 2013-04-17 with Philosophy categories.
Handbook Of Legal Reasoning And Argumentation
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Author : Giorgio Bongiovanni
language : en
Publisher: Springer
Release Date : 2018-07-02
Handbook Of Legal Reasoning And Argumentation written by Giorgio Bongiovanni and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-02 with Philosophy categories.
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.