Sebanyak 248 item atau buku ditemukan

The Logic of Choice

An Investigation of the Concepts of Rule and Rationality

Originally published in 1968. This is a critical study of the concept of ‘rule’ featuring in law, ethics and much philosophical analysis which the author uses to investigate the concept of ‘rationality’. The author indicates in what manner the modes of reasoning involved in reliance upon rules are unique and in what fashion they provide an alternative both to the modes of logico-mathematical reasoning and to the modes of scientific reasoning. This prepares the groundwork for a methodology meeting the requirements of the fields using rules such as law and ethics which could be significant for communications theory and the use of computers in normative fields. Other substantive issues related to the mainstream of legal philosophy are discussed - theories of interpretation, the notion of purpose and the requirements of principled decision-making. The book utilizes examples drawn from English and American legal decisions to suggest how the positions of legal positivism and of natural law are equally artificial and misleading.

Originally published in 1968. This is a critical study of the concept of ‘rule’ featuring in law, ethics and much philosophical analysis which the author uses to investigate the concept of ‘rationality’.

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.

Thus perhaps we ought to look for the "logic" of this justification. This speculation has been popular with recent writers on the subject of legal reasoning. In the remainder of this essay I shall argue that it is misguided.

Logic, Argumentation and Interpretation

Proceedings of the 22nd IVR World Congress, Granada 2005, Volume V

The volume is divided into five sections. In the first chapter entitled aTheory of argumentationo, contributors debate the idea of a rational modification of beliefs as the basis of rational consensus, the G nther-Alexy debate, Opocher's conception of justice which is taken from a descriptive level to an argumentative one, truth in the field of rhetoric and judicial argumentation as well as sincerity as a necessary condition for effectiveness in legal argumentation. Further sections deal with oAnalysis and representation of argumentso, oContextualized judicial argumentso, oNorms and interpretationso and finally a section on oLogico with contributions on the stit theory and logic problems in the formalization and representation of legal knowledge in constructing an expert system. Contents I. Theory of Argumentation / Teoria de la argumentacion: Jose Manuel Cabra Apalategui: Discurso, racionalidad y persuasion Peng-Hsiang Wang: Coherence and Revision. Critical Remarks on G nther-Alexy Debate Maurizio Manzin: Justice, Argumentation and Truth in Legal Reasoning. In Memory of Enrico Opocher (1914-2004) Federico Puppo: The Problem of Truth in Judicial Argumentation C.E. Smith: Sincerity in Legal Argumentation Theory II. Analysis and Representation of Argumentation /Analisis y representacion de argumentos: Eveline T. Feteris: The Rational Reconstruction of Teleological-Evaluative Arguments Harm Kloosterhuis: Ad Absurdum Arguments in Legal Decisions G nther Kreuzbauer: Visualization of Legal Argumentation III. Contextualized Judicial Argumentation /Argumentacion judicial contextualizada: Marko Novak: Limiting Courts: Towards Greater Consistency of Adjudication in the Civil Law System Sonia Esperanza Rodriguez Boente: Los principios generales del Derecho en la argumentacion juridica Thomas da Rosa de Bustamante / Denis Franco Silva: Prospective Overruling: Why and How it Should be Applied (The example of the Brazilian Legal Systen) Stanislovas Tomas: Theory of Judicial Shamanism Derk Venema: Formalism and Non-formalism in Occupied Holland and Belgium 1940-1945 IV. Norms and Interpretation / Normas e interpretacion: Jaap Hage: Why Norms are not Imperatives Raymundo Gama Leyva: Some ideas about the nature of presumption rules Josep Aguilo-Regla: On presumptions and Legal Argumentation Marijan Pavcnik: Constitutional Interpretation V. Logic / Logica Mateusz Klinowski: Theory of Action on a Tree Jose Pedro Ubeda Rives: Problemas que el Derecho plantea a la logica.

The volume is divided into five sections.

Truth in Fiction

Rethinking its Logic

This monograph examines truth in fiction by applying the techniques of a naturalized logic of human cognitive practices. The author structures his project around two focal questions. What would it take to write a book about truth in literary discourse with reasonable promise of getting it right? What would it take to write a book about truth in fiction as true to the facts of lived literary experience as objectivity allows? It is argued that the most semantically distinctive feature of the sentences of fiction is that they areunambiguously true and false together. It is true that Sherlock Holmes lived at 221B Baker Street and also concurrently false that he did. A second distinctive feature of fiction is that the reader at large knows of this inconsistency and isn’t in the least cognitively molested by it. Why, it is asked, would this be so? What would explain it? Two answers are developed. According to the no-contradiction thesis, the semantically tangled sentences of fiction are indeed logically inconsistent but not logically contradictory. According to the no-bother thesis, if the inconsistencies of fiction were contradictory, a properly contrived logic for the rational management of inconsistency would explain why readers at large are not thrown off cognitive stride by their embrace of those contradictions. As developed here, the account of fiction suggests the presence of an underlying three - or four-valued dialethic logic. The author shows this to be a mistaken impression. There are only two truth-values in his logic of fiction. The naturalized logic of Truth in Fiction jettisons some of the standard assumptions and analytical tools of contemporary philosophy, chiefly because the neurotypical linguistic and cognitive behaviour of humanity at large is at variance with them. Using the resources of a causal response epistemology in tandem with the naturalized logic, the theory produced here is data-driven, empirically sensitive, and open to a circumspect collaboration with the empirical sciences of language and cognition.

Using the resources of a causal response epistemology in tandem with the naturalized logic, the theory produced here is data-driven, empirically sensitive, and open to a circumspect collaboration with the empirical sciences of language and ...

Aristotle's Logic of Education

In <I>Aristotle's Logic of Education, Richard Bauman makes a contribution to both the history of logic and the philosophy of education. He argues that Aristotle, in the course of laying out his system of syllogistic inference, intends to guide the way science is taught, rather than how scientific research is conducted. The teacher is supposed to proceed by the method of demonstration from the appropriate necessary premises. Dr. Bauman contends that the problems raised in Plato's <I>Meno form the background for understanding Aristotle's presentation of logic in his <I>Posterior Analytics. In light of Bauman's interpretation, a fresh approach should be taken to the recurrent claim that syllogistic reasoning always involves committing the fallacy of <I>petitio principii. Finally, the author criticizes Aristotle's attempt to reduce both reasoning and teaching to singular patterns. In particular, Bauman argues that Aristotle fails to account adequately for the acquisition of first principles.

In Aristotle's Logic of Education, Richard Bauman makes a contribution to both the history of logic and the philosophy of education.

New Developments in Legal Reasoning and Logic

From Ancient Law to Modern Legal Systems

This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.

He also, however, introduces a counter-continuum, in which blind traditionalism leads to legal uniformity. 5.3 Conclusion Independent legal reasoning is a pivotal aspect of the conceptual genealogy of legal reasoning in the Jewish legal ...

Past and Present Interactions in Legal Reasoning and Logic

This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen ́s Dilemma, the Rhetor ́s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying problematic of these contributions concerns the conditional structures and, more particularly, the relationship between legal theory and legal reasoning in the context of conditions. The contributions in this work constitute the first results of the ANR-DFG joint research project “JuriLog” (Jurisprudence and Logic), which aims at fostering the cooperation between legal scholars and philosophers. On the one hand, lawyers and legal scholars have an interest in emphasizing the logical character of legal reasoning. In this respect, the present enquiry examines the question of how logic, especially newer forms of dialogical logic, can be made fruitful as a significant area of philosophy for jurisprudence and legal practice. On the other hand, logicians find in legal reasoning a striving towards clear definitions and inference-procedures that is relevant to their discipline. In order to fully understand such reciprocal relationships, it is necessary to bridge the gap between law, logic and philosophy in contemporary academic research. The essays collected in this volume all work towards this common goal. The book is divided in three sections. In the first part, the strong relation between Roman Law and logic is explored with respect to the analysis of disjunctive statements in legal acts. The second part focuses on Leibniz ́s legal theory. The third part, finally, is dedicated to current interactions between law and logic.

Not only this framework allows us to respect the methodological abyss pointed out by Kelsen, but it also displays the interactions which are inherent to the legal reasoning. Our attempts are particularly directed to aspects concerning ...

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.

The Logic of Obligation, Choice, and Action

After a critical summary and analysis of syllogistic, inductive, and modern symbolic logic, this book undertakes a study of the concepts, symbolism, and applications of what has become known as deontic logic, or the logic of obligation, particularly as it relates to moral and legal reasoning involved in the making of decisions, choices, and the performance of human actions. The meanings of the terms 'act' and 'action' are thoroughly discussed as are the terms 'omission' and 'attempt'. Both dyadic and multi-valued versions of deontic logic and the insights of Lofti Zadeh's 'fuzzy logic' are referenced throughout the book, specifically in the chapter on the Logic of Jokes. The aesthetics and ethics of reasoning in mathematics, physical science, and law are discussed as well as the notion of commitment.

After a critical summary and analysis of syllogistic, inductive, and modern symbolic logic, this book undertakes a study of the concepts, symbolism, and applications of what has become known as deontic logic, or the logic of obligation, ...

A Matter of Principle

Essays examine the political basis of law, legal interpretation, economic factors in law, reverse discrimination, and censorship

Essays examine the political basis of law, legal interpretation, economic factors in law, reverse discrimination, and censorship