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Logic in the Theory and Practice of Lawmaking

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 is “pragmatic” in at least three senses. First, the ultimate subject matter of such reasoning is decision–making leading to governmental action. The ultimate focus on whether or not to engage in some action gives the ...

The Force of Logic

Using Formal Logic as a Tool in the Craft of Legal Argument

Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.

In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case ...

A Mathematical Framework for Modeling Legal Reasoning Through Conditional Logic

Second Edition

Legal Reasoning has challenged both logicians and philosophers in the task of representing legal knowledge and modeling the decision-making process in the Law. Despite state-of-the-art of current theories, some questions still arise, as to whether legal reasoning can actually be captured in all its characteristics by a logical formalism that is both complete and sound, and whether legal reasoning is computable. Towards solving these questions, the author presents a logical translation of legal argumentation based on ranking function semantics and also introduces a mathematical environment to allow for its implementation. This book is an interdisciplinary study in Civil Procedural Law, Constitutional Law, and Artificial Intelligence, and is a revised version of the author's original thesis. The author serves as a Justice of the Espirito Santo State Supreme Court and is a Law Professor. He holds SJD and LLM degrees from the University of São Paulo and Master's Degree in Computer Science from the Federal University of Espírito Santo.

This book is an interdisciplinary study in Civil Procedural Law, Constitutional Law, and Artificial Intelligence, and is a revised version of the author's original thesis.

Logic, Rhetoric and Legal Reasoning in the Qur'an

God's Arguments

Muslims have always used verses from the Qur'an to support opinions on law, theology, or life in general, but almost no attention has been paid to how the Qur'an presents its own precepts as conclusions proceeding from reasoned arguments. Whether it is a question of God's powers of creation, the rationale for his acts, or how people are to think clearly about their lives and fates, Muslims have so internalized Qur'anic patterns of reasoning that many will assert that the Qur'an appeals first of all to the human powers of intellect. This book provides a new key to both the Qur'an and Islamic intellectual history. Examining Qur'anic argument by form and not content helps readers to discover the significance of passages often ignored by the scholar who compares texts and the believer who focuses upon commandments, as it allows scholars of Qur'anic exegesis, Islamic theology, philosophy, and law to tie their findings in yet another way to the text that Muslims consider the speech of God.

Legal. Arguments. DOI: 10.4324/9780203343081-5 Rules are not laws. A rule precedes a law in that it groups a set of circumstances, acts, and inferences according to the following schema: “In circumstances X, Y is required/permitted.

Logic for Lawyers

A Guide to Clear Legal Thinking

This book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.

This book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.

Nonmonotonic Logic and Rule-Based Legal Reasoning

This dissertation defends the use of nonmonotonic logic to represent rule-based legal reasoning, as exemplified by a particular, complex statute: the Internal Revenue Code. The dissertation motivates and provides a theoretical basis for formalizing the United States tax code (and perhaps other statutes). Formalization of statutory language will make statutes more precise. Formalized statutory language that tracks the actual structure of the tax law will make it easier for theoretical work to converge with the law, and may lay the groundwork to apply artificial intelligence to tax compliance and avoidance.To this end, the dissertation investigates and refines John Horty's work, especially Reasons as Defaults, with particular focus on examples in that book of inappropriate equilibria---scenarios that Horty's approach endorses that Horty finds problematic or unintuitive. The dissertation looks at Horty's work in service of applying Horty's work, and default logic more generally, to legal reasoning, and in particular rule-based legal reasoning.

This dissertation defends the use of nonmonotonic logic to represent rule-based legal reasoning, as exemplified by a particular, complex statute: the Internal Revenue Code.

Extending Deontic Logic for the Formalisation of Legal Rules

This book is an adaptation of my PhD thesis Representing L3gVI Rules in Deontic Logic [Royakkers, 1996]. The main alterations are: • The addition of chapter 2 concerning the semantics of deontic logic based on valua tions. In this chapter I extend the Beth tableau method, which is originally developed for the propositional calculus, to also be applicable for deontic logic. For those who are not familiar with deontic logic or with the axiomatic deduction, this method is a useful tool to check whether a formula is valid or not. • The addition of the notion of commitment in chapter 5, and the notion of weak and strong permission in chapter 7. • The omission of the chapter concerning defeasible deontic logic, of which a revised version is published in [Nute, 1997]. • Chapter 6 has been revised rather thoroughly. Here I introduce the logic of enact ment based on epistemic logic and local reasoning to express normative inconsis tencies in a consistent way. I wish to thank John-Jules Meyer, Giovanni Sartor and Marek Sergot for their suggestions and criticisms of my PhD thesis, which have improved this book. Heleen Neggers and Jan Draisma deserve credit for the layout. Special thanks go to Frank Dignum for his continuous support and inspiring sugges tions. v Contents 1 Introduction 1 1.1 Logic and law. . . . . . . . . . . . . . . . . . . . . . .. . . . 1 . . . 1.2 Conflicting speed limits . . . . . . . . . . . . . . . . . . .. . . . 3 . .

This book describes extensions of deontic logic.

Legal Reasoning and Briefing; Logic Applied to the Preparation, Trial and Appeal of Cases, with Illustrative Briefs and Forms

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...if the former be selected it will involve the defense of the "fellow servant rule," while if the latter, no such opposition is possible. Or if compelled to admit the negligence of the engineer he might still avert the "fellow servant rule" by advancing the theory that the engineer as a part of the equipment of the road was selected by the company without a due regard for his competency. Or again the theory may favor a breach of contract rather than a case of fraud, but the further element of doubt is whether the action will lie more successfully upon the ground of breach of the main contract or breach of warranty. Again, an action for damages for trespass to land may succeed if brought in one county, but fail if brought in another, while an action upon the same set of facts may be brought in one court, but not in another, where their jurisdiction is not concurrent. So also this question of detail would arise in an action brought to recover back money paid on a contract with a corporation, as to whether the theory of the case should hold the contract to be malum in se, malum prohibitum, or simply ultra vires. For in the former the court would refuse to grant a remedy, in the second the question of statute would be imperative, and in the latter the matter of notice might be determinate. In such a manner innumerable details affecting the various species of action are the final cruces upon which cases turn, and no theory is complete which stops with the selection of not only a possible, but the best species of action, but must add to this such particularity of detail as will insure a successful outcome. The Use of H yfiothcses. The theory of the case most likely to prove successful, having now been evolved by a process...

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition.

Logic, Probability, and Presumptions in Legal Reasoning

At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.

However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.