Sebanyak 257 item atau buku ditemukan

The Logic of Legal Requirements

Essays on Defeasibility

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.

the mental process of reasoning with legal, or legally relevant, data, to get to legal conclusions. From this perspective, legal reasoning is defeasible, not for its being 'legal', i.e. due to some peculiarity of the law-world, ...

Logic in Law

Remarks on Logic and Rationality in Normative Reasoning, Especially in Law

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.

The study presented in this book was entered upon by me from a legal point of view.

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.