The Universal And The Particular In Legal Reasoning
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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.
The Notion Of An Ideal Audience In Legal Argument
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Author : George Christie
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Notion Of An Ideal Audience In Legal Argument written by George Christie 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.
As the dedication ofthis book suggests, the genesis ofthis book arises from my association with Cha'im Perelman. Because I was one of the few Americans to comment on his TraUe de l' argumentation: la nouvelle rhetorique, before it was translated into English, I was invited to a conference celebrating the translation ofthat monumental work into English that was held in August 1970 in Santa Barbara, Califomia at the Center for the Study ofDemocratic Institutions, which was then under the directorship of the late Robert M. Hutchins. From that beginning, Professor Perelman and I developed a strong and warm friendship which was cemented when Professor Perelman and his wife, Fela, came to North Carolina in 1979 as a fellow at the National Humanities Center. I enjoyed the occasions on which I was able to participate in the activities of the Centre National de Recherehes de Logique which had been established, under Professor Perelman's aegis, in Belgium. A trip to Brussels was always something to which I looked forward. Since Professor Perelman's sudden and untimely death in January 1984, shortly after he had been singularly honored by being made a baron by King Baudouin, I have benefited greatly from my participation in the programs of the Perelman Foundation which was established through the generosity and efforts ofBaronne Fela Perelman; a remarkable woman in her own right who has now sadly also passed away.
Universals Of Legal Reasoning By Judges
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Author : Thomas Lundmark
language : en
Publisher: Oxford University Press
Release Date : 2024-05-07
Universals Of Legal Reasoning By Judges written by Thomas Lundmark 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 2024-05-07 with Law categories.
How do judges influence the development of law in Germany and should their behaviour set a precedent for others to follow? This book explores whether or not German judicial methods should serve as a model for the development of European law, both by the European courts and by the courts of other European member states.
Rethinking Law As Process
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Author : James MacLean
language : en
Publisher: Routledge
Release Date : 2012-05-23
Rethinking Law As Process written by James MacLean and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-23 with Law categories.
Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision making.
The Limits Of Legal Reasoning And The European Court Of Justice
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Author : Gerard Conway
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-12
The Limits Of Legal Reasoning And The European Court Of Justice written by Gerard Conway 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 2012-01-12 with Law categories.
Gerard Conway explains how judges of the ECJ should be understood as sharing the same interpretative perspective as the law-maker.
Informatics And The Foundations Of Legal Reasoning
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Author : Z. Bankowski
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09
Informatics And The Foundations Of Legal Reasoning written by Z. Bankowski 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 2013-03-09 with Philosophy categories.
Informatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries. Fourteen papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an International Working Group supported by the European Commission. The Group was mandated to work towards determining how far the law is amenable to formal modeling, and in what ways computers might assist legal thinking and practice. The book is the result of discussions held by the Group over two and half years. It will help students and researchers from different backgrounds to focus on a common set of topics of increasing general interest. It embodies the results of work in progress and suggests many issues for further discussion. A stimulating text for undergraduate and graduate courses in law, philosophy and computer science departments, as well as for those interested in the place of computers in legal practice, especially at the international level.
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 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.
New Essays On The Nature Of Legal Reasoning
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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.
Legal Knowledge And Analogy
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Author : P.J. Nerhot
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Legal Knowledge And Analogy written by P.J. Nerhot 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.
3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.