ISBN:
9789048195886
Language:
English
Pages:
Online-Ressource (IX, 422p, digital)
Series Statement:
Logic, Epistemology, and the Unity of Science 20
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. Approaches to legal rationality
Keywords:
Philosophy (General)
;
Logic
;
Artificial intelligence
;
Political science
;
Law
;
Law
;
Philosophy (General)
;
Logic
;
Artificial intelligence
;
Law Philosophy
;
Political science
;
Aufsatzsammlung
;
Logik
;
Recht
;
Recht
;
Vernunft
;
Rechtsphilosophie
Abstract:
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.
Description / Table of Contents:
Introduction; Contents; Contributors; Part I The Specificity of Legal Reasoning; 1 Aristotle on the Ways and Means of Rhetoric; 2 Cicero on Conditional Right; 3 Inductive Topics and Reorganization of a Classification; 4 Formal and Informal in Legal Logic; Part II Legal Reasoning and Public Reason; 5 Public Reason and Constitutional Interpretation; 6 Democracy and Compromise; 7 Reasons for Reasons; 8 Argumentation and Legitimation of Judicial Decisions; Part III Logic and Law; 9 Logic and the Law: Crossing the Lines of Discipline
Description / Table of Contents:
10 Epistemic and Practical Aspects of Conditionals in Leibniz's Legal Theory of Conditions11 Abduction and Proof: A Criminal Paradox; 12 Relevance in the Law; Part IV New Formal Approaches to Legal Reasoning; 13 The Logical Structure of Legal Justification: Dialogue or "Trialogue"?; 14 Explanation and Production: Two Ways of Using and Constructing Legal Argumentation; 15 The Law of Evidence and Labelled Deduction: A Position Paper; Part V Logic in the Law; 16 How Logic Is Spoken of at the European Court of Justice: A Preliminary Exploration; Index;
Note:
Description based upon print version of record
DOI:
10.1007/978-90-481-9588-6
URL:
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