Logic In The Theory And Practice Of Lawmaking

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Logic in the Theory and Practice of Lawmaking

Author : Michał Araszkiewicz
Publisher : Springer
ISBN 13 : 3319195751
Total Pages : 556 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Logic in the Theory and Practice of Lawmaking by : Michał Araszkiewicz

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 556 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.

Legal Reasoning and Legal Theory

Author : Neil MacCormick
Publisher : Clarendon Press
ISBN 13 : 0191018597
Total Pages : 322 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Legal Reasoning and Legal Theory by : Neil MacCormick

Download or read book Legal Reasoning and Legal Theory written by Neil MacCormick and published by Clarendon Press. This book was released on 1994-08-11 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.

Law and Logic.

Author : Dieter Krimphove
Publisher :
ISBN 13 : 9783428150861
Total Pages : 223 pages
Book Rating : 4.1/5 (58 download)

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Book Synopsis Law and Logic. by : Dieter Krimphove

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:

Law and Logic

Author : Joseph Horovitz
Publisher : Springer Science & Business Media
ISBN 13 : 3709171113
Total Pages : 214 pages
Book Rating : 4.7/5 (91 download)

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Book Synopsis Law and Logic by : Joseph Horovitz

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 214 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.

Law as Logic and Experience

Author : Max Radin
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584770082
Total Pages : 196 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Law as Logic and Experience by : Max Radin

Download or read book Law as Logic and Experience written by Max Radin and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Radin, Max. Law as Logic and Experience. New Haven: Yale University Press, 1940. ix, [1], 171 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-30670. ISBN 1-58477-008-2. Cloth. $55. * "Although this volume does not purport to be a serious contribution to legal science or to legal philosophy, it is full of the mellow wisdom, the gracious erudition, the provoking phrase, and the human sympathy that make almost anything that Max Radin says or writes worth pondering. It presents a series of lectures on two texts: the dictum of Coke, J. 'Reason is the life of the law,' and the dissenting opinion of Holmes, J., 'The life of the law has not been logic, it has been experience.'" Felix S. Cohen, Harvard Law Review 54:711. Marke, A Catalogue of the Law Collection of New York University (1953) 924.

Rhetoric and The Rule of Law

Author : Neil MacCormick
Publisher : OUP Oxford
ISBN 13 : 0191018783
Total Pages : 304 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Rhetoric and The Rule of Law by : Neil MacCormick

Download or read book Rhetoric and The Rule of Law written by Neil MacCormick and published by OUP Oxford. This book was released on 2005-07-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based? Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.

Logic in Law

Author : A. Soeteman
Publisher : Springer Science & Business Media
ISBN 13 : 9401578214
Total Pages : 339 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Logic in Law by : A. Soeteman

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.

Designing Effective Legislation

Author : Maria Mousmouti
Publisher : Edward Elgar Publishing
ISBN 13 : 1788118235
Total Pages : 224 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Designing Effective Legislation by : Maria Mousmouti

Download or read book Designing Effective Legislation written by Maria Mousmouti and published by Edward Elgar Publishing. This book was released on 2019 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is effective legislation? Is it a matter of intuition, luck or the result of evidence based law making? Can it be consciously ‘engineered’? This book advances the novel idea that legislative effectiveness is the result of complex ‘mechanics’ in the conceptualisation, design and drafting of four elements inherent in every law: purpose, content, context and results. It concludes that effectiveness can be achieved with conceptual and methodological insights that guide the specific choices of lawmakers when designing and drafting legislation.

Essays on the Visualisation of Legal Informatics

Author : Vytautas Cyras
Publisher : Springer Nature
ISBN 13 : 3031279573
Total Pages : 306 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis Essays on the Visualisation of Legal Informatics by : Vytautas Cyras

Download or read book Essays on the Visualisation of Legal Informatics written by Vytautas Cyras and published by Springer Nature. This book was released on 2023-05-18 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both legal scholars and computer scientists will be curious to know how the gap between law and computing can be bridged. The law, and also jurisprudence, is based on language, and is mainly textual. Every syntactic system has its semantic range, and so does language, which in law achieves a high degree of professional precision. The use of visualisations is a syntactic supplement and opens up a new understanding of legal forms. This understanding was reinforced by the paradigm shift from textual law to legal informatics, in which visual formal notations are decisive. The authors have been dealing with visualisation approaches for a long time and summarise them here for discussion. In this book, a multiphase transformation from the legal domain to computer code is explored. The authors consider law enforcement by computer. The target view is that legal machines are legal actors that are capable of triggering institutional facts. In the visualisation of statutory law, an approach called Structural Legal Visualisation is presented. Specifically, the visualisation of legal meaning is linked with tertium comparationis, the third part of the comparison. In a legal documentation system, representing one legal source with multiple documents is viewed as a granularity problem. The authors propose to supplement legislative documents ex ante with explicit logic-oriented information in the form of a mini thesaurus. In contrast to so-called strong relations such as synonymy, antonymy and hypernymy/hyponymy, one should consider weak relations: (1) dialectical relations, a term of dialectical antithesis; (2) context relations; and (3) metaphorical relations, which means the use of metaphors for terms. The chapters trace topics such as the distinction between knowledge visualisation and knowledge representation, the visualisation of Hans Kelsen’s Pure Theory of Law, the separation of law and legal science, legal subsumption, legal relations, legal machines, encapsulation, compliance, transparency, standard cases and hard cases.

Research Handbook on the Theory and Practice of International Lawmaking

Author : Catherine Brölmann
Publisher : Edward Elgar Publishing
ISBN 13 : 1781953228
Total Pages : 512 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Research Handbook on the Theory and Practice of International Lawmaking by : Catherine Brölmann

Download or read book Research Handbook on the Theory and Practice of International Lawmaking written by Catherine Brölmann and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.

Legal Knowledge and Information Systems

Author : E. Francesconi
Publisher : IOS Press
ISBN 13 : 1643683659
Total Pages : 324 pages
Book Rating : 4.6/5 (436 download)

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Book Synopsis Legal Knowledge and Information Systems by : E. Francesconi

Download or read book Legal Knowledge and Information Systems written by E. Francesconi and published by IOS Press. This book was released on 2022-12-21 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, interest within the research community and the legal industry regarding technological advances in legal knowledge representation and processing has been growing. This relates to areas such as computational models of legal reasoning, cybersecurity, privacy, trust and blockchain methods, among other things. This book presents the proceedings of JURIX 2022, the 35th International Conference on Legal Knowledge and Information Systems, held from 14 –16 December in Saarbrücken, Germany, under the auspices of the Dutch Foundation for Legal Knowledge Based Systems and hosted by Saarland University. The annual JURIX conference has become an international forum for academics and professionals to exchange knowledge and experiences at the intersection of law and artificial intelligence (AI). For this edition, 62 submissions were received from 163 authors in 24 countries. Following a rigorous review process, carried out by a programme committee of 72 experts recognised in the field, 14 submissions were selected for publication as long papers, 22 as short papers and 5 as demo papers, making a total of 41 papers altogether and representing a 22.5% acceptance rate for long papers (66.1% overall). The broad array of topics covered includes argumentation and legal reasoning, legal ontologies and the semantic web, machine and deep learning and natural language processing for legal knowledge extraction, as well as argument mining, translation of legal texts, defeasible logic, legal compliance, explainable AI, alternative dispute resolution, legal drafting and smart contracts. Providing an overview of recent advances, the book will be of interest to all those working at the interface between the law and AI.

Logic and Experience

Author : William P. LaPiana
Publisher : Oxford University Press
ISBN 13 : 019535995X
Total Pages : 265 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Logic and Experience by : William P. LaPiana

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.

Handbook of Legal Reasoning and Argumentation

Author : Giorgio Bongiovanni
Publisher : Springer
ISBN 13 : 9048194520
Total Pages : 764 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis Handbook of Legal Reasoning and Argumentation by : Giorgio Bongiovanni

Download or read book Handbook of Legal Reasoning and Argumentation written by Giorgio Bongiovanni and published by Springer. This book was released on 2018-07-02 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.

Past and Present Interactions in Legal Reasoning and Logic

Author : Matthias Armgardt
Publisher : Springer
ISBN 13 : 9783319359250
Total Pages : 0 pages
Book Rating : 4.3/5 (592 download)

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Book Synopsis Past and Present Interactions in Legal Reasoning and Logic by : Matthias Armgardt

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 2016-10-09 with total page 0 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.

Fundamentals of Legal Argumentation

Author : Eveline T. Feteris
Publisher : Springer Science & Business Media
ISBN 13 : 9401592195
Total Pages : 236 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Fundamentals of Legal Argumentation by : Eveline T. Feteris

Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique 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 all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.

Methods of Legal Reasoning

Author : Jerzy Stelmach
Publisher : Springer Science & Business Media
ISBN 13 : 1402049390
Total Pages : 237 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Methods of Legal Reasoning by : Jerzy Stelmach

Download or read book Methods of Legal Reasoning written by Jerzy Stelmach and published by Springer Science & Business Media. This book was released on 2006-09-03 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.

Law's Practical Wisdom

Author : Katerina Sideri
Publisher : Routledge
ISBN 13 : 1351154109
Total Pages : 251 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Law's Practical Wisdom by : Katerina Sideri

Download or read book Law's Practical Wisdom written by Katerina Sideri and published by Routledge. This book was released on 2017-11-30 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a sociological understanding of law making in the European Union. In particular, the book focuses on the social function of law in new governance structures promoting decentralized and flexible procedures that encourage deliberation, participation of stakeholders, and public dialogue. It pays attention to both the practical knowledge and the power relations underpinning law making, while seeking to bring to the foreground the importance of compromise in the process. The empirical substantiation of the argument discusses the regulation of technology in the European Union and is premised on case studies of governance of the Internet, patents of high technology, filters used on the Internet to block harmful material, trademark law and domain name dispute resolution by ICANN. To this effect, the book studies the dynamics of constructing a legal argument inside the European Commission, and its role in the process of coordinating the creation of networks, securing enforcement in self regulatory regimes, and steering activity on the part of autonomous groups of actors.