INFORMATICS AND FOUNDATIONS OF LEGAL REASONING ; Zenon Bankowski, Ian White and Ulrike Hahn
Author:
Publisher:
Published: 1995
Total Pages: 374
ISBN-13:
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Informatics and the Foundations of Legal Reasoning
Author: Z. Bankowski
Publisher: Springer Science & Business Media
Published: 2013-03-09
Total Pages: 308
ISBN-13: 9401585318
DOWNLOAD EBOOKInformatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries. Fourteen papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an International Working Group supported by the European Commission. The Group was mandated to work towards determining how far the law is amenable to formal modeling, and in what ways computers might assist legal thinking and practice. The book is the result of discussions held by the Group over two and half years. It will help students and researchers from different backgrounds to focus on a common set of topics of increasing general interest. It embodies the results of work in progress and suggests many issues for further discussion. A stimulating text for undergraduate and graduate courses in law, philosophy and computer science departments, as well as for those interested in the place of computers in legal practice, especially at the international level.
Economics in Legal Reasoning
Author: Péter Cserne
Publisher: Springer Nature
Published: 2020-06-30
Total Pages: 157
ISBN-13: 3030401685
DOWNLOAD EBOOKThis Palgrave Pivot is the first book in the field of Law & Economics looking at the relationship between economics and law in legal reasoning. The book constitutes a reference point for the economic analysis of legal institutions, as legal reasoning remains the dimension of legal systems least explored by economists. Despite their differences, economics and legal reasoning interact in many interesting ways. This book offers a fast track to these interactions. Both supporters and critics of Law & Economics will be exposed to a yet-to-be developed area of interaction between the disciplines. This book will be of interest to economists, legal scholars, and Law and Economics specialists, and can be used as teaching material in courses on Law & Economics and legal reasoning as well.
Thinking Like a Lawyer
Author: Frederick Schauer
Publisher: Harvard University Press
Published: 2012-04-02
Total Pages: 256
ISBN-13: 0674062485
DOWNLOAD EBOOKThis primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.
The Principle of Legal Certainty in EC Law
Author: J. Raitio
Publisher: Springer Science & Business Media
Published: 2013-03-14
Total Pages: 469
ISBN-13: 9401703531
DOWNLOAD EBOOKThe intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?
Exceptions in International Law
Author: Lorand Bartels
Publisher: Oxford University Press
Published: 2020-06-18
Total Pages: 352
ISBN-13: 019250634X
DOWNLOAD EBOOKMany international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.
Problems of Normativity, Rules and Rule-Following
Author: Michał Araszkiewicz
Publisher: Springer
Published: 2014-11-07
Total Pages: 462
ISBN-13: 3319093754
DOWNLOAD EBOOKThis book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.
Defeasibility in Philosophy
Author: Claudia Blöser
Publisher: Rodopi
Published: 2013-12-01
Total Pages: 258
ISBN-13: 940121011X
DOWNLOAD EBOOKDefeasibility, most generally speaking, means that given some set of conditions A, something else B will hold, unless or until defeating conditions C apply. While the term was introduced into philosophy by legal philosopher H.L.A. Hart in 1949, today, the concept of defeasibility is employed in many different areas of philosophy. This volume for the first time brings together contributions on defeasibility from epistemology (Mikael Janvid, Klemens Kappel, Hannes Ole Matthiessen, Marcus Willaschek, Michael Williams), legal philosophy (Frederick Schauer) and ethics and the philosophy of action (Claudia Blöser, R. Jay Wallace, Michael Quante and Katarzyna Paprzycka). The volume ends with an extensive bibliography (by Michael de Araujo Kurth).
Reason and Authority
Author: Aulis Aarnio
Publisher: Dartmouth Publishing Company
Published: 1997
Total Pages: 328
ISBN-13:
DOWNLOAD EBOOKA treatise on the background philosophy of law, legal thinking and the change in, as well as problems of, legal science.
Law, Truth, and Reason
Author: Raimo Siltala
Publisher: Springer Science & Business Media
Published: 2011-07-29
Total Pages: 296
ISBN-13: 9400718721
DOWNLOAD EBOOKThis book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.
