Logique Juridique

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Fundamentals of Legal Argumentation

Author : Eveline T. Feteris
Publisher : Springer
ISBN 13 : 9402411291
Total Pages : 371 pages
Book Rating : 4.4/5 (24 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. 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.

La logique juridique

Author : Hugues Rabault
Publisher : Dalloz
ISBN 13 : 2247233198
Total Pages : 149 pages
Book Rating : 4.2/5 (472 download)

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Book Synopsis La logique juridique by : Hugues Rabault

Download or read book La logique juridique written by Hugues Rabault and published by Dalloz. This book was released on 2024-02-01 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le droit est-il logique ? C'est à cette question qu'entend répondre l'ouvrage. Une expérience pédagogique élémentaire suffit à faire admettre qu'une des difficultés rencontrées par les néophytes, dans leur première approche du droit, consiste précisément, pour la compréhension des textes, dans les erreurs logiques. L'ouvrage propose l'idée que le droit est fondamentalement logique par sa structure, et que la logique est une caractéristique propre du droit.

Logique et analyse

Author :
Publisher :
ISBN 13 :
Total Pages : 1052 pages
Book Rating : 4.:/5 (39 download)

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Book Synopsis Logique et analyse by :

Download or read book Logique et analyse written by and published by . This book was released on 1975 with total page 1052 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 : 247 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 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.

Introduction à la logique juridique

Author : Georges Kalinowski
Publisher : FeniXX
ISBN 13 : 2307363262
Total Pages : 200 pages
Book Rating : 4.3/5 (73 download)

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Book Synopsis Introduction à la logique juridique by : Georges Kalinowski

Download or read book Introduction à la logique juridique written by Georges Kalinowski and published by FeniXX. This book was released on 1965-01-01T00:00:00+01:00 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cet ouvrage est une réédition numérique d’un livre paru au XXe siècle, désormais indisponible dans son format d’origine.

La structure de l'ordre juridique international

Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028609709
Total Pages : 448 pages
Book Rating : 4.6/5 (97 download)

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Book Synopsis La structure de l'ordre juridique international by :

Download or read book La structure de l'ordre juridique international written by and published by Martinus Nijhoff Publishers. This book was released on 1980-10-13 with total page 448 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 .

Legal science, philosophy

Author : Jacques Havet
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111616584
Total Pages : 684 pages
Book Rating : 4.1/5 (116 download)

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Book Synopsis Legal science, philosophy by : Jacques Havet

Download or read book Legal science, philosophy written by Jacques Havet and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-06-04 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Legal science, philosophy".

Practical Reasoning in Human Affairs

Author : J. L. Golden
Publisher : Springer Science & Business Media
ISBN 13 : 9400946740
Total Pages : 484 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Practical Reasoning in Human Affairs by : J. L. Golden

Download or read book Practical Reasoning in Human Affairs written by J. L. Golden and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology of original essays has been nearly .two and one-half years in the making, and reflects the generous effort of many persons. To begin with, we thank the contributors to the volume, who not only cooperated with regards to their own works, but who also provided valuable advice concerning the over-all volume. One of the contributors was outstanding in his assistance and warrants special mention: we thank Professor Michel Meyer, for his encouragement, counsel, and dedication to see this project to comple tion. We would also like to thank Professor Jaakko Hintikka for his encouragement and Mrs. Kuipers of Reidel for her patience and under standing along the way. A project such as this could never have been completed without the unique assistance of members of the Department of Communication, Ohio State University: Ms. Kimberly Pasi and Mr. Charles Mawhirtcr. Also, special thanks are due to our graduate research assistant Ms. Susan Jasko, for her proofreading and bibliographic work. The pressures of developing a Festschrift are considerable and could not have been met without the cooperation and enthusiasm of Mrs. Perelman, especially in allowing us to publish Professor Perelman's address to Ohio State University as our introduction.

The Cosmopolitan State

Author : H Patrick Glenn
Publisher : OUP Oxford
ISBN 13 : 019150498X
Total Pages : 3772 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Cosmopolitan State by : H Patrick Glenn

Download or read book The Cosmopolitan State written by H Patrick Glenn and published by OUP Oxford. This book was released on 2013-05-16 with total page 3772 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than two centuries the idea of the nation-state has been widespread. The expression is now widely used and is even to be unavoidable. The 'nation-state' implies that the population of a state should be homogenous in terms of language, religion, and ethnicity; the nation and the state should coincide. However history demonstrates that there never has been, and there never will be, a nation-state. Human diversity is manifest in states of all sizes, locations, and origins. This wide-ranging book argues that there should be no regret in the recognition of this empirical reality, since the notion of a nation-state has been the justification for some of the worst atrocities in human history. Since the nation-state is impossible, all states are cosmopolitan in character. They are cosmopolitan regardless of the language of their constitutions or official teaching and regardless of the extent to which they officially recognize their own diversity. The most successful states are those which are most successful in their own forms of cosmopolitanism. Cosmopolitan ways are infinitely varied, however, and must be sought in the intricate workings of individual states. The cosmopolitan character of states is necessarily reflected in their law. The main instruments of legal cosmopolitanism have been those of common laws, constitutionalism, and what is best described as institutional cosmopolitanism. The relative importance of these legal instruments has changed over time but all three have been constantly operative, even in times of attempted national and territorial closure. All three remain present in the contemporary cosmopolitan state, understood in terms of cosmopolitan citizens, cosmopolitan sources and cosmopolitan thought. The cosmopolitan state is, moreover, the only appropriate conceptualization of the state in a time of globalization. This book outlines the subtlety of the law of cosmopolitan states, law which has survived through periods of nationalism and which provides the working methods for the reconciliation of diverse populations. Combining law, history, political science, political philosophy, international relations, and the new logics, it demonstrates that the idea of the nation-state has failed and should yield to an understanding of the state as necessarily cosmopolitan in character. This will be invaluable reading to all those interested in constitutional law, international law, and political theory.

Religion and Practical Reason

Author : Frank E. Reynolds
Publisher : SUNY Press
ISBN 13 : 9780791422182
Total Pages : 458 pages
Book Rating : 4.4/5 (221 download)

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Book Synopsis Religion and Practical Reason by : Frank E. Reynolds

Download or read book Religion and Practical Reason written by Frank E. Reynolds and published by SUNY Press. This book was released on 1994-10-25 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains programmatic essays that focus on broad-ranging proposals for re-envisioning a discipline of comparative philosophy of religions. It also contains a number of case studies focussing on the interpretation of particular religio-historical data from comparatively oriented philosophical perspectives.

Justice, Law, and Argument

Author : Ch. Perelman
Publisher : Springer Science & Business Media
ISBN 13 : 9400990103
Total Pages : 199 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Justice, Law, and Argument by : Ch. Perelman

Download or read book Justice, Law, and Argument written by Ch. Perelman and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.

Geschichte Der Sprachwissenschaften

Author : Sylvain Auroux
Publisher : Walter de Gruyter
ISBN 13 : 3110111039
Total Pages : 1153 pages
Book Rating : 4.1/5 (11 download)

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Book Synopsis Geschichte Der Sprachwissenschaften by : Sylvain Auroux

Download or read book Geschichte Der Sprachwissenschaften written by Sylvain Auroux and published by Walter de Gruyter. This book was released on 2000 with total page 1153 pages. Available in PDF, EPUB and Kindle. Book excerpt:

History of the Language Sciences / Geschichte der Sprachwissenschaften / Histoire des sciences du langage. 1. Teilband

Author : Sylvain Auroux
Publisher : Walter de Gruyter
ISBN 13 : 3110194007
Total Pages : 1154 pages
Book Rating : 4.1/5 (11 download)

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Book Synopsis History of the Language Sciences / Geschichte der Sprachwissenschaften / Histoire des sciences du langage. 1. Teilband by : Sylvain Auroux

Download or read book History of the Language Sciences / Geschichte der Sprachwissenschaften / Histoire des sciences du langage. 1. Teilband written by Sylvain Auroux and published by Walter de Gruyter. This book was released on 2008-07-14 with total page 1154 pages. Available in PDF, EPUB and Kindle. Book excerpt: Writing in English, German, or French, more than 300 authors provide a historical description of the beginnings and of the early and subsequent development of thinking about language and languages within the relevant historical context. The gradually emerging institutions concerned with the study, organisation, documentation, and distribution are considered as well as those dealing with the utilisation of language related knowledge. Special emphasis has been placed on related disciplines, such as rhetoric, the philosophy of language, cognitive psychology, logic and neurological science.

The Discovery of the Fact

Author : Clifford Ando
Publisher : University of Michigan Press
ISBN 13 : 0472126644
Total Pages : 215 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis The Discovery of the Fact by : Clifford Ando

Download or read book The Discovery of the Fact written by Clifford Ando and published by University of Michigan Press. This book was released on 2020-08-14 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Discovery of the Fact draws on expertise from lawyers, historians of philosophy, and scholars of classical studies and ancient history, to take a very modern perspective on an underexplored but essential domain of ancient legal history. Everyone is familiar with courts as adjudicators of facts. But legal institutions also played an essential role in the emergence of the notion of the fact, and contributed in a vital way to commonplace understandings of what is knowable and what is not. These issues have a particular importance in ancient Greece and Rome, the first western societies in which state law and state institutions of dispute resolution visibly play a decisive role in ordinary social and economic relations. The Discovery of the Fact investigates, historically and comparatively, the relationships among the law, legal institutions, and the boundaries of knowledge in classical Greece and Rome. Societies wanted citizens to conform to the law, but how could this be insured? On what foundation did ancient courts and institutions base their decisions, and how did they represent the reasoning behind their decisions when announcing them? Slaves were owned like things, and yet they had minds that ancients conceded were essentially unknowable. What was to be done? And where has the boundary been drawn between questions of law and questions of fact when designing processes of dispute resolution?

Recueil Des Cours, Collected Courses 1980

Author :
Publisher : BRILL
ISBN 13 : 9789024726288
Total Pages : 420 pages
Book Rating : 4.7/5 (262 download)

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Book Synopsis Recueil Des Cours, Collected Courses 1980 by :

Download or read book Recueil Des Cours, Collected Courses 1980 written by and published by BRILL. This book was released on 1983-03-21 with total page 420 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 .

The New Rhetoric and the Humanities

Author : Ch. Perelman
Publisher : Springer Science & Business Media
ISBN 13 : 9400994826
Total Pages : 203 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis The New Rhetoric and the Humanities by : Ch. Perelman

Download or read book The New Rhetoric and the Humanities written by Ch. Perelman and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern logic has Wldergone some remarkable developments in the last hun dred years. These have contributed to the extraordinary use of formal logic which has become essentially the concern of mathematicians. This has led to attempts to identify logic with formal logic. The claim has even been made that all non-formal reasoning, to the extent that it cannot be formalized, no longer belongs to logic. This conception leads to a genuine impoverishment of logic as well as to a narrow conception of reason. It means that as soon as demonstrative proofs are no longer available reason will no longer dominate. Even the idea of the 'reasonable' becomes foreign to logic and such expres sions as 'reasonable decisions', 'reasonable choice' or 'reasonable hypotheses' would be put aside as meaningless. The domain of action, including method ology and everything that is given over to deliberation or controversy - i.e., foreign to formal logic - would become a battleground where necessarily the reason of the strongest would always prevail.

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.