Approaches To Legal Rationality

Author: Dov M. Gabbay
Publisher: Springer Science & Business Media
ISBN: 9789048195886
Size: 12.86 MB
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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.

Past And Present Interactions In Legal Reasoning And Logic

Author: Matthias Armgardt
Publisher: Springer
ISBN: 3319160214
Size: 72.16 MB
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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.

Handbook Of Philosophical Logic

Author: Dov M. Gabbay
Publisher: Springer Science & Business Media
ISBN: 9400766009
Size: 49.57 MB
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This second edition of the Handbook of Philosophical Logic reflects great changes in the landscape of philosophical logic since the first edition. It gives readers an idea of that landscape and its relation to computer science and formal language and artificial intelligence. It shows how the increased demand for philosophical logic from computer science and artificial intelligence and computational linguistics accelerated the development of the subject directly and indirectly. This development in turn, directly pushed research forward, stimulated by the needs of applications. New logic areas became established and old areas were enriched and expanded. At the same time, it socially provided employment for generations of logicians residing in computer science, linguistics and electrical engineering departments which of course helped keep the logic community to thrive. The many contributors to this Handbook are active in these application areas and are among the most famous leading figures of applied philosophical logic of our times. ​

Fundamentals Of Legal Argumentation

Author: Eveline T. Feteris
Publisher: Springer
ISBN: 9402411291
Size: 64.37 MB
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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.

Logic Epistemology And The Unity Of Science

Author: Shahid Rahman
Publisher: Springer Science & Business Media
ISBN: 9048124867
Size: 76.48 MB
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The first volume in this new series explores, through extensive co-operation, new ways of achieving the integration of science in all its diversity. The book offers essays from important and influential philosophers in contemporary philosophy, discussing a range of topics from philosophy of science to epistemology, philosophy of logic and game theoretical approaches. It will be of interest to philosophers, computer scientists and all others interested in the scientific rationality.

Epistemology And Ontology

Author: Zenon Bankowski
Publisher: Franz Steiner Verlag
ISBN: 9783515087070
Size: 52.40 MB
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Contents A. van Aaken: Synthesizing the Best of Two Worlds: A Combination of New Institutional Economics and Deliberative Theories D. Coskun: Law as symbolic form. Ernst Cassirer and the anthropocentric view of law L. De Sutter: How to Get Rid of Legal Theory? L. Garcia Ruiz: On the Concept of Law and Its Place in the Legal-Philosophical Research N. Intzessiloglou: Socio-semiotic and socio-cybernetic approaches to legal regulation in an interdisciplinary framework L. Kaehler: The indeterminacy of legal indeterminacy M. Mahlmann: Kant's Conception of Practical Reason and the Prospects of Mentalism M. Mahlmann / J. Mikhail: Cognitive Science, Ethics and Law t G. Noll: The Exclusionary Construction of Human Rights in International Law and Political Theory C. Peterson: The Concept of Legal Dogmatics: From Fiction to Fact F. Puppo: Law, authority and freedom in Sophocles' Antigone M. Sandstrom: The Concept of Legal Dogmatics Revisited B. Schafer: Ontological commitment and the concept of olegal systemo in comparative law and legal theory S. Schaumburg-Mueller: Truth, Law, and Human Rights P. Sommaggio: Boethius' definition of persona: a fundamental principle of modern legal thought X. Yu: Human Faculties and Human Societies - A Three Dimensional Cultural Epistemology W. Zaluski: The Concept of Kantian Rationality and Game Theory.

Philosophy Of Science

Author: Gerhard Schurz
Publisher: Routledge
ISBN: 1134101228
Size: 22.21 MB
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Philosophy of Science: A Unified Approach combines a general introduction to philosophy of science with an integrated survey of all its important subfields. As the book’s subtitle suggests, this excellent overview is guided methodologically by "a unified approach" to philosophy of science: behind the diversity of scientific fields one can recognize a methodological unity of the sciences. This unity is worked out in this book, revealing all the while important differences between subject areas. Structurally, this comprehensive book offers a two-part approach, which makes it an excellent introduction for students new to the field and a useful resource for more advanced students. Each chapter is divided into two sections. The first section assumes no foreknowledge of the subject introduced, and the second section builds upon the first by bringing into the conversation more advanced, complementary topics. Definitions, key propositions, examples and figures overview all of the core material. At the end of every chapter there are selected readings and exercises (with solutions at the end of the book). The book also includes a comprehensive bibliography and an index.