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 Outlines of modern legal logic Wiesbaden F Steiner 1969 bibl written by Ilmar Tammelo and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Developments in Legal Reasoning and Logic written by Shahid Rahman and published by Springer Nature. This book was released on 2021-12-16 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.
Download or read book Logic and Experience written by William P. LaPiana and published by Oxford University Press. This book was released on 1994-01-20 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Law and Logic written by Dieter Krimphove and published by . This book was released on 2017-10-02 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Modern Logic in the Service of Law written by Ilmar Tammelo and published by Springer. This book was released on 1978-07-07 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: In face of persistent and notable efforts taking place in many parts of the world today to make modern logic a tool of legal thought, lawyers are inclined to ask: "What is the real significance of modern logic for us?" A sum mary answer to this question is: "Modern logic provides up-to-date principles and methods for tracing and display ing self-consistent thought, which is indispensable for ef ficient and proper performance of legal tasks." This answer may not satisfy the questioner's curiosity about modern logic in the service of law. If he wants to know more, he is invited to join in an investigation of the various ways in which modern logic can prove useful in legal thought. The present book proposes to engage in such an investi gation, and in doing so it also endeavors to meet various challenges to legal logic. If the value of this logic is totally denied, a reaction to this denial is to ask what its reasonable alternative could possibly be. So far there appears to be no sensible reply to this question. The merit of many specific criticisms of legal logic is indisputable.
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 The Logic of Legal Requirements written by Jordi Ferrer Beltrán and published by OUP Oxford. This book was released on 2012-09-13 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Past and Present Interactions in Legal Reasoning and Logic written by Matthias Armgardt and published by Springer. This book was released on 2015-05-18 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Download or read book New Developments in Legal Reasoning and Logic written by Shahid Rahman and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.
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 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 Reasoning in Ethics and Law written by Albert W. Musschenga and published by Routledge. This book was released on 2017-03-02 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.
