Download or read book Outlines of Modern Legal Logic written by Ilmar Tammelo and published by . This book was released on 1969 with total page 188 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 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 An Outline of Legal Philosophy written by Wellstood Alexander Watt and published by . This book was released on 1893 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Handbook of Rationality written by Markus Knauff and published by MIT Press. This book was released on 2021-12-14 with total page 879 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first reference on rationality that integrates accounts from psychology and philosophy, covering descriptive and normative theories from both disciplines. Both analytic philosophy and cognitive psychology have made dramatic advances in understanding rationality, but there has been little interaction between the disciplines. This volume offers the first integrated overview of the state of the art in the psychology and philosophy of rationality. Written by leading experts from both disciplines, The Handbook of Rationality covers the main normative and descriptive theories of rationality—how people ought to think, how they actually think, and why we often deviate from what we can call rational. It also offers insights from other fields such as artificial intelligence, economics, the social sciences, and cognitive neuroscience. The Handbook proposes a novel classification system for researchers in human rationality, and it creates new connections between rationality research in philosophy, psychology, and other disciplines. Following the basic distinction between theoretical and practical rationality, the book first considers the theoretical side, including normative and descriptive theories of logical, probabilistic, causal, and defeasible reasoning. It then turns to the practical side, discussing topics such as decision making, bounded rationality, game theory, deontic and legal reasoning, and the relation between rationality and morality. Finally, it covers topics that arise in both theoretical and practical rationality, including visual and spatial thinking, scientific rationality, how children learn to reason rationally, and the connection between intelligence and rationality.
Download or read book Law written by Albert Armin Ehrenzweig and published by BRILL. This book was released on 1977-10-26 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Collected Papers of Stig Kanger with Essays on his Life and Work written by Ghita Holmström-Hintikka and published by Springer Science & Business Media. This book was released on 2001-12-31 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stig Kanger (1924-1988) made important contributions to logic and formal philosophy. Kanger's dissertation Provability in Logic, 1957, contained significant results in proof theory as well as the first fully worked out model-theoretic interpretation of quantified modal logic. It is generally accepted nowadays that Kanger was one of the originators of possible worlds semantics for modal logic. Kanger's most original achievements were in the areas of general proof theory, the semantics of modal and deontic logic, and the logical analysis of the concept of rights. He also contributed to action theory, preference logic, and the theory of measurement. This is the first of two volumes dedicated to the work of Stig Kanger. The present volume is a complete collection of Kanger's philosophical papers. The second volume contains critical essays on Kanger's work, as well as biographical essays on Kanger written by colleagues and friends.
Download or read book Law Institution and Legal Politics written by Ota Weinberger and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
Download or read book Extending Deontic Logic for the Formalisation of Legal Rules written by L.L. Royakkers and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes extensions of deontic logic. Deontic logic is a branch of philosophical logic involving reasoning with norms, obligations, prohibitions and permissions. The extensions concern the logical structure of legal rules and legal reasoning. Their function is to improve the representation of legal knowledge and enhance deontic logic through increased expressibility. The resulting formulas acquire new meanings, not expressible in standard deontic logic, which are subject to fresh interpretations. The author offers an extensive analysis of the representation of actors, to whom the norms are directed, and authorities who enact the norms. Moreover, a distinction is made between enactment and applicability. A modality of enactment can be used to express inconsistent enacted norms in a consistent way. An authority-hierarchy is introduced to filter out the applicable norms from the set of enacted norms. Some related philosophical questions will be discussed regarding the applications of formalisms that are intrinsic to practical science with respect to `consistency' and `universality'. The formalisms and applications considered here are relevant for law, philosophy and computer science, with a special focus on the improvement of legal expert systems and intelligent support for legal professionals.
Download or read book Essays in Legal Philosophy written by Eugenio Bulygin and published by OUP Oxford. This book was released on 2015-07-09 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection.
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 The Pleadings Game written by Thomas F. Gordon and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The British philosopher Stephan Toulmin, in his The Uses of Argument, made the provocative claim that "logic is generalized jurisprudence". For Toulmin, logic is the study of nonns for practical argumentation and decision making. In his view, mathematical logicians were preoccupied with fonnalizing the concepts of logical necessity, consequence and contradiction, at the expense of other equally important issues, such as how to allocate the burden of proof and make rational decisions given limited resources. He also considered it a mistake to look primarily to psychology, linguistics or the cognitive sciences for answers to these fundamentally nonnative questions. Toulmin's concerns about logic, writing in the 1950's, are equally applicable to the field of Artificial Intelligence today. The mainstream of Artificial Intelligence has focused on the analytical and empirical aspects of intelligence, without giving adequate attention to the nonnative, regulative functions of knowledge representation, problem solving and decision-making. Nonnative issues should now be of even greater interest, with the shift in perspective of AI from individual to collective intelligence, in areas such as multi-agent systems, cooperative design, distributed artificial intelligence, and computer-supported cooperative work. Networked "virtual societies" of humans and software agents would also require "virtual legal systems" to fairly balance interests, resolve conflicts, and promote security.
Download or read book Evolution and Constitution written by E.F. Oeser and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.
Download or read book Computer Science and Law written by Brian Niblett and published by CUP Archive. This book was released on 1980-06-30 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workshop sponsored by the Science Research Council of the United Kingdom and the Scientific and Technical Research Committee of the EEC.
Download or read book Recueil Des Cours written by and published by Martinus Nijhoff Publishers. This book was released on 1980-04 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Download or read book Legal Knowledge and Analogy written by P.J. Nerhot and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Legal Order written by Åke Frändberg and published by Springer. This book was released on 2018-08-16 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts (law concepts) and J-concepts (juridical or jurisprudential concepts). The monograph is devoted to the J-concepts, especially of technical (not ideological or evaluative) J-concepts. Four kinds of J-concepts are investigated: morphological J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law. The work can be characterised as presenting a lawyer ́s philosophy of law.
