Download or read book Argument Types and Fallacies in Legal Argumentation written by Thomas Bustamante and published by Springer. This book was released on 2015-04-07 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.

Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.

Download or read book Statutory Interpretation written by Douglas Walton and published by Cambridge University Press. This book was released on 2021-01-21 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople.

Download or read book The Theory Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer. This book was released on 2017-07-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

Download or read book Logic in the Theory and Practice of Lawmaking written by Michał Araszkiewicz and published by Springer. This book was released on 2015-10-05 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Judicial System written by Carlo Guarnieri and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits.

Download or read book Pragmatics and Law written by Alessandro Capone and published by Springer. This book was released on 2016-05-02 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?

Download or read book Phenomenology and Mind 24 written by AA.VV. and published by Rosenberg & Sellier. This book was released on 2023-10-25 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: INTRODUCTION Paolo Di Lucia and Lorenzo Passerini Glazel, Introduction. Veritas in Dicto, Veritas in Re Amedeo Giovanni Conte, Three Paradigms for a Philosophy of the True: Apophantic Truth, Eidological Truth, Idiological Truth SECTION I. Truth of Language (De Dicto Truth) vs. Truth of Things (De Re Truth) Roberta De Monticelli, Ockham's Razor, or the Murder of Concreteness. A Vindication of the Unitarian Tradition Richard Davies, Monadic Truth and Falsity Stefano Caputo, One but not the Same Paolo Heritier, True God and True Man: Some Implications SECTION II. Truth of Things and the Normative and Axiological Dimensions of Reality Anna Donise, A Stratified Theory of Value Venanzio Raspa, On Emotional Truth Sergei Talanker, No True Persuasive Definition Marginalizes? Carlos Morujão, Subjective Meanings and Normative Values in Alfred Schutz's Philosophy of Human Action SECTION III. Truth, Validity, and Normativity Pedro M. S. Alves, A Phenomenological Analysis of the Nomothetic Noema. Discussing the De Dicto and De Re Formulations of Normative Sentences Wojciech Żełaniec, Things We Must Never Do (If Any) Sara Papic, Can Linguistic Correctness Provide Us with Categorical Semantic Norms? Virginia Presi, Custom in Action. Ferdinand Tönnies' Ontology of the Normative SECTION IV. Truth and Validity in Action: Norm Effectiveness and Nomotropic Behaviour Pascal Richard, Norms as "Intentional Systems" Alba Lojo, The Semantic Conception of Efficacy and Constitutive Rules: Mapping a Tough Relationship Giovanni Bombelli, Normativity, Truth, Validity and Effectiveness. Remarks Starting from the Horizon of the "Common Sense" SECTION V. Further Contributions Caterina Del Sordo and Roberta Lanfredini, Matter at a Crossroads: Givenness vs Forceful Quality Stefano Colloca, On the Deontic Validity of the General Exclusive Norm Alessandro Volpe, Doing Justice to Solidarity: On the Moral Role of Mutual Support

Download or read book Judges and Adjudication in Constitutional Democracies A View from Legal Realism written by Pierluigi Chiassoni and published by Springer Nature. This book was released on 2020-12-11 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.

Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

Download or read book Systematic Approaches to Argument by Analogy written by Henrique Jales Ribeiro and published by Springer. This book was released on 2014-07-09 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume assembles a relevant set of studies of argument by analogy, which address this topic in a systematic fashion, either from an essentially theoretical perspective or from the perspective of it being applied to different fields like politics, linguistics, literature, law, medicine, science in general and philosophy. All result from original research conducted by their authors for this publication. Thus, broadly speaking, this is an exception which we find worthy of occupying a special place in the sphere of the bibliography on the argument by analogy. In effect, most of the contexts of the publications on this topic focus on specific areas, for example everyday discourse, science or law theory, while underestimating or sometimes even ignoring other interdisciplinary scopes, as is the case of literature, medicine or philosophy. The idiosyncrasy of this volume is that the reader and the researcher may follow the development of different theoretical outlooks on argument by analogy, while measuring the scope of its (greater or lesser) application to the aforementioned areas as a whole.

Download or read book Conversations in Philosophy Law and Politics written by Ruth Chang and published by Oxford University Press. This book was released on 2024-02-02 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Conversations in Philosophy, Law, and Politics offers a new agenda for work where these three disciplines meet. Eminent scholars and leading young thinkers provide fifteen conversations about lively current issues in our social world, such as AI and democracy, political obligation, praise and blame, justice, and intersectionality.

Download or read book Interpretation without Truth written by Pierluigi Chiassoni and published by Springer. This book was released on 2019-06-12 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.

Download or read book Italian Philosophy of Technology written by Simona Chiodo and published by Springer Nature. This book was released on 2020-12-20 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume about the Italian philosophy of technology written in English and including novel and translated contributions. The volume presents original research on emerging topics in the field, as well as an overview of the most distinguished Italian approaches to the philosophy of technology. While offering both historical and political perspectives and the contributions of the philosophy of law, philosophy of science, and aesthetics, Italian Philosophy of Technology promotes a novel view on the intersection between continental and analytic traditions in the philosophy of technology.

Download or read book Aesthetics of Law written by Kamil Zeidler and published by Springer Nature. This book was released on with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Dialogues on Italian Constitutional Justice written by Vittoria Barsotti and published by Routledge. This book was released on 2021-04-27 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.