The Concept of Scientific Law in the Philosophy of Science and Epistemology
The Concept of Scientific Law in the Philosophy of Science and Epistemology

Author: Igor Hanzel

Publisher: Springer Science & Business Media

Published: 2013-03-14

Total Pages: 237

ISBN-13: 9401732655

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The author argues that a reconstruction of scientific laws should give an account of laws relating phenomena to underlying mechanisms generating them, as well as of laws relating this mechanism to its inherent capacities. While contemporary philosophy of science deals only with the former, the author provides the concept for the reconstruction of scientific laws, where the knowledge of the phenomena enables one to grasp the quantity of their cause. He then provides the concepts for scientific laws dealing with the relation of the quantity and quality of the cause underlying phenomena to the quality and quantity of its capacities. Finally, he provides concepts for scientific laws expressing how a certain cause, due to the quantity and quality of its capacities, generates the quantitative and qualitative determinations of its manifestations. The book is intended for philosophers of science and philosophers of social science, as well as for natural and social scientists.

Legal Knowledge and Analogy
Legal Knowledge and Analogy

Author: P.J. Nerhot

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 266

ISBN-13: 9401132607

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3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.

Theory of Legal Science
Theory of Legal Science

Author: Aleksander Peczenik

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 698

ISBN-13: 9400964811

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Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983

Truth, Error, and Criminal Law
Truth, Error, and Criminal Law

Author: Larry Laudan

Publisher: Cambridge University Press

Published: 2006-06-05

Total Pages: 235

ISBN-13: 113945708X

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Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.

Epistemology and Methodology of Comparative Law
Epistemology and Methodology of Comparative Law

Author: Mark Van Hoecke

Publisher: Bloomsbury Publishing

Published: 2004-06-01

Total Pages: 408

ISBN-13: 1847311245

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Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.

Studies in Legal Logic
Studies in Legal Logic

Author: Jaap Hage

Publisher: Springer Science & Business Media

Published: 2006-03-30

Total Pages: 343

ISBN-13: 1402035527

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Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the author’s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their original versions. The emphasis is on analysis, not on logical technicalities. Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules. Moreover, it contains a new, simplified and yet more powerful version of Reason-based Logic and extensive examples of how it can be used for the analysis of legal reasoning. The examples deal with legal theory construction, case-based reasoning, and judicial proof.

The Methodology of Legal Theory
The Methodology of Legal Theory

Author: Michael Giudice

Publisher: Ashgate Publishing

Published: 2010

Total Pages: 528

ISBN-13: 9780754628903

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The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. This volume brings together in a single collection the most influential articles written by leading legal theorists on a broad range of issues: the problems and purposes of legal theory; epistemology and semantics in theorising about the nature of law; the relation between morality and legal theory; and the scope of phenomena a general jurisprudence ought to address.