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 Introduction to Study of Law written by Roscoe Pound and published by . This book was released on 1922 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Introduction to the Philosophy of Law written by Roscoe Pound and published by . This book was released on 1922 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Logic written by Joseph Horovitz and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has two related aims: to investigate the frequently voiced claim that legal argument is nonformal in nature and, within the limits of such an investigation, to ascertain the most general proper ties of law as a rational system. Examination of a number of views of legal argument, selected from recent discussions in Germany, Belgium, and the English-speaking countries, will lead to the follow ing main conclusions. The nonformalistic conceptions of the logic of legal argument are ambiguous and unclear. Moreover, insofar as these conceptions are capable of clarification in the light of recent analytical methodology, they can be seen to be either mistaken or else compatible with the formalistic position. Because law is socially directive and coordinative, it is dependent upon theoretical psycho sociology and calls, in principle, for a deontic and inductive logic. The primary function of legal argument is to provide continuing reinterpretation and confirmation of legal rules, conceived as theo retical prescriptions. On the basis of this conception, the old juris prudential conflict between formalism and rule-scepticism appears substantially resolved. Aristotle, the founder of the theory of argument, conceived it as "the science of establishing conclusions" (bnO'l;~fl'YJ &no~e!"u,,~), designed to guide people in rational argumentation. In time, how ever, logic forsook its practical function and developed as a highly abstract and disinterested study, today called "formal logic"; and the theory of practical argument was either neglected or relegated to an appendix to rhetoric.
Download or read book Legal Linguistics written by Marcus Galdia and published by Peter Lang. This book was released on 2009 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces into the problems of Legal Linguistics. It starts with the most fundamental legal-linguistic question, i.e. how law is created and applied with linguistic means. In breaking down this vast question, the book identifies the linguistically relevant aspects of language use, especially its terminology, and scrutinizes the most significant legal-linguistic operations such as the legal argumentation, the legal interpretation, and the legal translation. Based on case analyses, it canvasses the language use strategies that are most instrumental in the developing of professionally convincing legal argumentation, primarily around terminological units. Towards the background of these and other linguistic operations in law, the book reflects upon some practical problems related to the regulation of language use and the emergence of the global law.
Download or read book Legal science philosophy written by Jacques Havet and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-06-04 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Legal science, philosophy".
Download or read book Epistemology and Method in Law written by Geoffrey Samuel and published by Routledge. This book was released on 2016-12-05 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.
Download or read book Approaches to Legal Rationality written by Dov M. Gabbay and published by Springer Science & Business Media. This book was released on 2010-10-04 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.
Download or read book Justice Law and Argument written by Ch. Perelman and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Logic in Law written by A. Soeteman and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.
Download or read book Charles S Peirce s Method of Methods written by Roberta Kevelson and published by John Benjamins Publishing. This book was released on 1987-01-01 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: In all disciplines there are specifiable basic concepts, our universes of discourse, which define special areas of inquiry. Semiotics is that ‘science of sciences’ which inquires into all processes of inquiry, and which seeks to discover methods of inquiry. Peirce held that semiotics was to be the method of methods. An account of semiotic method should distinguish between the way the term ‘sign’ is used in semiotics and the various ways this term was meant in nearly all the traditional disciplines. In this monograph Roberta Kevelson minutely explores Charles S. Peirce’s method of methods.
Download or read book The Law as a System of Signs written by Roberta Kevelson and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even if Peirce were well understood and there existed· general agreement among Peirce scholars on what he meant by his semiotics, or philosophy of signs, the undertaking of this book-wliich intends to establish a theoretical foundation for a new approach to understanding the interrelations of law, economics, and politics against referent systems of value-would be a risky venture. But since such general agreement on Peirce's work is lacking, one's sense of adventure in ideas requires further qualification. Indeed, the proverbial nerve for failure must in any case be attendant. If one succeeds, one has introduced for further inquiry the strong possibility that should our social systems of law, economics, and politics---our means of interpersonal transaction as a whole-be understood against the theoretical back ground of a dynamic, "motion-picture" universe that is continually becoming, that is infinitely developing and changing in response to genuinely novel elements that emerge as existents, then the basic concepts of rights, resources, and reality take on new dimensions of meaning in correspondence with n-dimensional, infinite value judgments or truth-like beliefs which one holds. If such a view, as Peirce maintained, were possible and tenable not only for philosophy but as the basis for action and interaction in the world of human experience and practical affairs, one would readily say that risk taking is a small price for the realization of such possibility.
Download or read book Chaim Perelman written by Alan G. Gross and published by SUNY Press. This book was released on 2003-01-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible book examines the philosophical foundations of Chaim Perelman's rhetorical theory. In addition to offering a brief biography, it explores Perelman's deep philosophical commitments and his concern for the ways in which the details of actual texts realize those commitments. The authors show that Perelman still reigns supreme when it comes to the elucidation of actual texts. His is a micro-analysis of arguments, one that is endlessly suggestive of ways of analyzing texts at the level of the word and phrase, the arrangement of parts, and the structure of arguments.
Download or read book The Phenomenology of Modern Legal Discourse written by William E. Conklin and published by Taylor & Francis. This book was released on 2024-05-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1998, The Phenomenology of Modern Legal Discourse recovers the suffering which is concealed as lawyers, judges and other legal officials resignify a harm through the special vocabulary and grammar which constitutes legal language. At the moment of re-signification, an untranslatable gap erupts between the knowers’ special language and the embodied meanings of the non-knower. The Phenomenology claims that the gap can be unconcealed if the knowers of the special language reconsider their assumptions about legal meaning, the body and desire. With a broad grasp of diverse problematics from the legal procedures, legal discourses and legal theory of three jurisdictions to exemplify his claims, the author interweaves arguments which draw from Edmund Husserl’s and Maurice Merleau Ponty’s insights about meaning. The author's effort demonstrates how one may unconceal lived laws through a re-reading of the role of the experiential body in legal signification. The author’s effort to retrieve the embodiment of legal meaning de-stabilizes deep assumptions of contemporary lawyers and legal theorists.
Download or read book Early Formal Education written by Robert Hess and published by Routledge. This book was released on 2017-09-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The future of any society lies in its ability to train and socialize its young. The stability of its institutions, political systems, the productivity of its industrial resources, and the creativity of its intellectual talent reflect the success of those who have been given responsibility for shaping and developing its youth. If these teaching functions are not adequately performed, through failure of the agents, as a result of new demands created by new values, social, economic, or political change, pressures may emerge for the modification of socializing procedures, or for a change in the agents allocated responsibility for socialization. Some major questions answered in this book include: At what age should formal education begin? What effect does the timing of education have on a child's later social and educational development? Do pre-school years deserve the fiscal resources and professional talent now being allocated to them? Can socially and economically disadvantaged children be successfully educated without involving families and community? What is the role of technology in the early education process? This volume brings together the work of active and articulate spokespersons in the field of early education during the 1960s. It makes explicit the concepts, theories, and empirical data upon which the field as a whole is proceeding. These contributions from leading psychologists, child development researchers, and educators cover an unusually broad range of issues. Providing a reference on theories and existing programs in the field of early learning and offering many suggestions for the course and content of today's programs, this volume is important reading in child development and the psychology and sociology of education.
Download or read book Discourse Dynamics written by Sara Sanchez and published by Cambridge Scholars Publishing. This book was released on 2010-09-13 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a reasoned study of the discourse connectives of attainment of the French language. For the most part, the studies on connectives are based on referentialist descriptive frameworks, which are sustained more or less explicitly on what we have called the general problem of causality, the epistemological foundation of a scientific paradigm which has been used for centuries but which, in our opinion, is now outdated. In the first place, we have submitted this old paradigm to critical debate, showing the limits of its scientific validity. Next, we have placed ourselves in a non-referentialist linguistic framework, the Theory of Argumentation in the Language-System, developed by the French linguist Oswald Ducrot, in which we have formulated a new descriptive proposal for discourse connectives, taking into account both the argumentative configuration and the polyphonic configuration of each of the discourse dynamics generated around a given connective. We have described the argumentative configuration in terms of semantic blocks, and the polyphonic configuration in terms of discourse algorithms, original and innovative heuristic instruments with which we attempt to stimulate a new approach to language more in line with the general scientific approaches of the 21st century, and with the new scientific paradigm which is currently valid.
