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.

Logique et analyse

Author :
Publisher :
ISBN 13 :
Total Pages : 590 pages
Book Rating : 4.F/5 ( 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 1974 with total page 590 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.

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 .

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.

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".

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.

Legal Theory of International Arbitration

Author : Emmanuel Gaillard
Publisher : BRILL
ISBN 13 : 9004187154
Total Pages : 204 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Legal Theory of International Arbitration by : Emmanuel Gaillard

Download or read book Legal Theory of International Arbitration written by Emmanuel Gaillard and published by BRILL. This book was released on 2010-05-03 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Review excerpts from the book on Scribd International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties’ freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

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.

Interpretation in International Law

Author : Andrea Bianchi
Publisher :
ISBN 13 : 0198725744
Total Pages : 433 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Interpretation in International Law by : Andrea Bianchi

Download or read book Interpretation in International Law written by Andrea Bianchi and published by . This book was released on 2015 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

The Phenomenology of Modern Legal Discourse

Author : William E. Conklin
Publisher : Taylor & Francis
ISBN 13 : 1040025447
Total Pages : 302 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Phenomenology of Modern Legal Discourse by : William E. Conklin

Download or read book The Phenomenology of Modern Legal Discourse written by William E. Conklin and published by Taylor & Francis. This book was released on 2024-05-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1998, The Phenomenology of Modern Legal Discourse recovers the suffering which is concealed as lawyers, judges and other legal officials resignify a harm through the special vocabulary and grammar which constitutes legal language. At the moment of re-signification, an untranslatable gap erupts between the knowers’ special language and the embodied meanings of the non-knower. The Phenomenology claims that the gap can be unconcealed if the knowers of the special language reconsider their assumptions about legal meaning, the body and desire. With a broad grasp of diverse problematics from the legal procedures, legal discourses and legal theory of three jurisdictions to exemplify his claims, the author interweaves arguments which draw from Edmund Husserl’s and Maurice Merleau Ponty’s insights about meaning. The author's effort demonstrates how one may unconceal lived laws through a re-reading of the role of the experiential body in legal signification. The author’s effort to retrieve the embodiment of legal meaning de-stabilizes deep assumptions of contemporary lawyers and legal theorists.

Recueil Des Cours, Collected Courses 1956

Author : Acadimie de Droit International de La Haye
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028612723
Total Pages : 996 pages
Book Rating : 4.6/5 (127 download)

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Book Synopsis Recueil Des Cours, Collected Courses 1956 by : Acadimie de Droit International de La Haye

Download or read book Recueil Des Cours, Collected Courses 1956 written by Acadimie de Droit International de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 996 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 .