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Law and Logic

A Critical Account of Legal Argument

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.

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.

Law and Logic - Making Legal Science a Genuine Science

Proceedings of the Special Workshop Held at the 28th World Congress of the International Association for Philosophy of Law and Social Philosophy in Lisbon, Portugal, 2017

This book focuses on the analysis of law from a logical point of view, that is, on a tradition that is distinctively based on the application of logic as an indispensable device to endorse the scientific claims of legal thought. According to this approach, the obstacles that have prevented the development of law as a science can now be overcome with the use of modern mathematical logic as a formal science of thought. This formal science constitutes an essential tool for analyzing and systematizing the language of which law is made. Using mathematical logic makes it possible to clarify not only the structure of law, but also the structure of legal reasoning. This clarification is the basis for the operability of legal reasoning through computational devices, which constitutes the core of the artificial intelligence (AI) of law. The first part of this book aims to compare this model of legal science with the Kelsenian approach as well as with a model based on theories of knowledge representation found in the field of cognitive science. The second part of the present book deals with the problem of legal science's object from a logical approach.

This book focuses on the analysis of law from a logical point of view, that is, on a tradition that is distinctively based on the application of logic as an indispensable device to endorse the scientific claims of legal thought.