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Author : Robert S. Summers
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.F/5 ( download)
Download or read book Essays on the Nature of Law and Legal Reasoning written by Robert S. Summers and published by . This book was released on 1992 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mark McBride
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937668
Total Pages : 361 pages
Book Rating : 4.5/5 (99 download)
Download or read book New Essays on the Nature of Legal Reasoning written by Mark McBride and published by Bloomsbury Publishing. This book was released on 2022-05-19 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.
Author : Ch. Perelman
Publisher : Springer Science & Business Media
ISBN 13 : 9400990103
Total Pages : 199 pages
Book Rating : 4.4/5 (9 download)
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.
Author : Jaap Hage
Publisher : Springer Science & Business Media
ISBN 13 : 9401588732
Total Pages : 280 pages
Book Rating : 4.4/5 (15 download)
Download or read book Reasoning with Rules written by Jaap Hage and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
Author : Wesley Newcomb Hohfeld
Publisher :
ISBN 13 :
Total Pages : 442 pages
Book Rating : 4.:/5 (321 download)
Download or read book Fundamental Legal Conceptions as Applied in Judicial Reasoning written by Wesley Newcomb Hohfeld and published by . This book was released on 1923 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jordi Ferrer Beltrán
Publisher : Oxford University Press
ISBN 13 : 0199661642
Total Pages : 434 pages
Book Rating : 4.1/5 (996 download)
Download or read book The Logic of Legal Requirements written by Jordi Ferrer Beltrán and published by Oxford University Press. This book was released on 2012-09-13 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the law contain implicit exceptions to its own rules? If so, what consequence does that have for understanding the relationship between law and morality? This collection gathers leading legal philosophers to analyse the logical structure of legal norms, advancing the understanding of the general philosophy of law.
Author : Martin P. Golding
Publisher : Broadview Press
ISBN 13 : 9781551114224
Total Pages : 180 pages
Book Rating : 4.1/5 (142 download)
Download or read book Legal Reasoning written by Martin P. Golding and published by Broadview Press. This book was released on 2001-03-02 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).
Author : Graham Hughes
Publisher : New York : New York University Press
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.F/5 ( download)
Download or read book Law, Reason, and Justice written by Graham Hughes and published by New York : New York University Press. This book was released on 1969 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Aulis Aarnio (éd.)
Publisher :
ISBN 13 : 9781855211391
Total Pages : 517 pages
Book Rating : 4.2/5 (113 download)
Download or read book Legal Reasoning written by Aulis Aarnio (éd.) and published by . This book was released on 1992 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Larry Alexander
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 450 pages
Book Rating : 4.F/5 ( download)
Download or read book Legal Rules and Legal Reasoning written by Larry Alexander and published by Dartmouth Publishing Company. This book was released on 2000 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume collection of essays brings together major contemporary theoretical works on freedom of speech. Volume I, begins with a theoretical overview of freedom of speech and then turns to the topics of what justifies freedom of speech and what kinds of acts raise free speech concerns. Volume II, examines the distinctions among content regulations and between content and content-neutral regulations. It also analyses the concept of the public forum, inciting and hateful speech and lastly the tension between the subsidizing activities of the affirmative state and the negative liberty of freedom of speech.
Author : John William Salmond
Publisher :
ISBN 13 : 9781436938594
Total Pages : 252 pages
Book Rating : 4.9/5 (385 download)
Download or read book Essays in Jurisprudence and Legal History (1891) written by John William Salmond and published by . This book was released on 2008-08-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Author : Aulis Aarnio
Publisher : New York University Press
ISBN 13 :
Total Pages : 534 pages
Book Rating : 4.F/5 ( download)
Download or read book Legal Reasoning (Vol. 2) written by Aulis Aarnio and published by New York University Press. This book was released on 1992-02 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
Author : Thomas Erskine Holland
Publisher :
ISBN 13 : 9781436934107
Total Pages : 236 pages
Book Rating : 4.9/5 (341 download)
Download or read book Essays Upon the Form of the Law (1870) written by Thomas Erskine Holland and published by . This book was released on 2008-08 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Author : Amalia Amaya
Publisher : Hart Publishing
ISBN 13 : 9781509925162
Total Pages : pages
Book Rating : 4.9/5 (251 download)
Download or read book Virtue, Emotion, and Imagination in Law and Legal Reasoning written by Amalia Amaya and published by Hart Publishing. This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination"--
Author : Robert P. George
Publisher : Clarendon Press
ISBN 13 : 9780198267904
Total Pages : 356 pages
Book Rating : 4.2/5 (679 download)
Download or read book The Autonomy of Law written by Robert P. George and published by Clarendon Press. This book was released on 1999 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays from legal philosophers offers an assessment of the nature and viability of legal positivism. It addresses questions such as: to what extent is the law adequately described as autonomous?; and should legal theorists maintain a conceptual separation of law and morality?.
Author : P.J. Nerhot
Publisher : Springer Science & Business Media
ISBN 13 : 9401578753
Total Pages : 457 pages
Book Rating : 4.4/5 (15 download)
Download or read book Law, Interpretation and Reality written by P.J. Nerhot and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
Author : Tom Angier
Publisher : Cambridge University Press
ISBN 13 : 1108586392
Total Pages : 118 pages
Book Rating : 4.1/5 (85 download)
Download or read book Natural Law Theory written by Tom Angier and published by Cambridge University Press. This book was released on 2021-09-16 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.
