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Automated Analysis of Legal Texts

Logic, Informatics, Law : Edited Versions of Selected Papers from the Second International Conference on "Logic, Informatics, Law,"Florence, Italy, September 1985

Legal Evidence and Proof

Statistics, Stories, Logic

As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.

As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and ...

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, 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.

Legal Reasoning and Briefing

Logic Applied to the Preparation, Trial and Appeal of Cases, with Illustrative Briefs and Forms

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.

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.

How Judges Reason

The Logic of Adjudication

Legal rules ought to work themselves out, with unique or difficult cases becoming fewer, and the inconsistencies in the system disappearing as they are confronted. Instead, legal doctrine and the role of judges has become more difficult and often more controversial. This book offers a general explanation why, and in so doing, analyzes how individuals reason when they behave as judges. Drawing on ideas from philosophical logic, game theory, philosophy of mind, truth theory, and jurisprudence, the author develops a theory of judicial pluralism which suggests that judicial truth is individually objective but societally personal, pluralistic and idiosyncratic.

Instead, legal doctrine and the role of judges has become more difficult and often more controversial. This book offers a general explanation why, and in so doing, analyzes how individuals reason when they behave as judges.