Leibniz: Logico-Philosophical Puzzles in the Law
Leibniz: Logico-Philosophical Puzzles in the Law

Author: Alberto Artosi

Publisher: Springer Science & Business Media

Published: 2013-06-06

Total Pages: 262

ISBN-13: 9400751923

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This volume presents two Leibnizian writings, the Specimen of Philosophical Questions Collected from the Law and the Dissertation on Perplexing Cases. These works, originally published in 1664 and 1666, constitute, respectively, Leibniz’s thesis for the title of Master of Philosophy and his doctoral dissertation in law. Besides providing evidence of the earliest development of Leibniz’s thought and amazing anticipations of his mature views, they present a genuine intellectual interest, for the freshness and originality of Leibniz’s reflections on a striking variety of logico-philosophical puzzles drawn from the law. The Specimen addresses puzzling issues resulting from apparent conflicts between law and philosophy (the latter broadly understood as comprising also mathematics, as well as empirical sciences). The Dissertation addresses cases whose solution is puzzling because of the convoluted logical form of legal dispositions and contractual clauses, or because of conflicting priorities between concurring parties. In each case, Leibniz dissects the problems with the greatest ingenuity, disentangling their different aspects, and proposing solutions always reasonable and sometimes surprising. And he does not refrain from peppering his intellectual acrobatics with some humorous comments.

The Oxford Handbook of Leibniz
The Oxford Handbook of Leibniz

Author: Maria Rosa Antognazza

Publisher: Oxford Handbooks

Published: 2018

Total Pages: 825

ISBN-13: 0199744726

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This volume provides a uniquely comprehensive, systematic, and up-to-date appraisal of Leibniz's thought thematically organized around its diverse but interrelated aspects. By pulling together the best specialized work in the many domains to which Leibniz contributed, its ambition is to offer the most rounded picture of Leibniz's endeavors currently available.

Past and Present Interactions in Legal Reasoning and Logic
Past and Present Interactions in Legal Reasoning and Logic

Author: Matthias Armgardt

Publisher: Springer

Published: 2015-05-18

Total Pages: 275

ISBN-13: 3319160214

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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.

Leibniz’s Legacy and Impact
Leibniz’s Legacy and Impact

Author: Julia Weckend

Publisher: Routledge

Published: 2019-08-19

Total Pages: 320

ISBN-13: 1351595482

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This volume tells the story of the legacy and impact of the great German polymath Gottfried Wilhelm Leibniz (1646-1716). Leibniz made significant contributions to many areas, including philosophy, mathematics, political and social theory, theology, and various sciences. The essays in this volume explores the effects of Leibniz’s profound insights on subsequent generations of thinkers by tracing the ways in which his ideas have been defended and developed in the three centuries since his death. Each of the 11 essays is concerned with Leibniz’s legacy and impact in a particular area, and between them they show not just the depth of Leibniz’s talents but also the extent to which he shaped the various domains to which he contributed, and in some cases continues to shape them today. With essays written by experts such as Nicholas Jolley, Pauline Phemister, and Philip Beeley, this volume is essential reading not just for students of Leibniz but also for those who wish to understand the game-changing impact made by one of history’s true universal geniuses.

Quantitative Methods in Comparative Law
Quantitative Methods in Comparative Law

Author: Pier G. Monateri

Publisher: Edward Elgar Publishing

Published: 2023-11-03

Total Pages: 201

ISBN-13: 1802204458

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This invaluable and timely book provides a comprehensive “Conflict Prevention and Friction Analysis (CPFA) Model” for researching comparative law in our increasingly technology-led legal and economic order. It provides an in-depth examination of practical case studies, showcasing the real-world application of quantitative methods and theoretical approaches for analysing legal issues.

Philosophical Clarifications
Philosophical Clarifications

Author: Nicholas Rescher

Publisher: Springer

Published: 2019-03-28

Total Pages: 235

ISBN-13: 3030152693

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This book is an integrated series of philosophical investigations that offers significant new insights into key philosophical concerns ranging from methodological issues to substantive doctrines. Consisting of three sections, it first deals with the nature of philosophizing itself and seeks to illustrate the project from the angle of the pragmatic tradition. The second section is devoted to issues of knowledge and how the cognitive project goes about producing results that are cogent and objective. The third and closing section considers how the ideas and perspectives of these considerations can be applied and implemented in various matters of personal judgment and practice.

Is Law Computable?
Is Law Computable?

Author: Simon Deakin

Publisher: Bloomsbury Publishing

Published: 2020-11-26

Total Pages: 578

ISBN-13: 1509937080

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What does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law. With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai, as well as a foreword from Frank Pasquale.

Theory of Legal Personhood
Theory of Legal Personhood

Author: Visa A. J. Kurki

Publisher: Oxford University Press

Published: 2019

Total Pages: 241

ISBN-13: 0198844034

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Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."

Jurisprudence in the Mirror
Jurisprudence in the Mirror

Author: Luka Burazin

Publisher: Oxford University Press

Published: 2024-09-11

Total Pages: 532

ISBN-13: 019269510X

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There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book's structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.

Leibniz's Key Philosophical Writings
Leibniz's Key Philosophical Writings

Author: Paul Lodge

Publisher: Oxford University Press

Published: 2020-10-15

Total Pages: 304

ISBN-13: 0192583573

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Gottfried Wilhelm Leibniz (1646-1716) is one of the most important and influential philosophers of the modern period. He offered a wealth of original ideas in metaphysics, epistemology, ethics, and philosophical theology, among them his signature doctrines on substance and monads, pre-established harmony, and optimism. This volume contains introductory chapters on eleven of Leibniz's key philosophical writings, from youthful works ("Confessio philosophi", "De summa rerum"), seminal middle-period writings ("Discourse on Metaphysics", "New System"), to masterpieces of his maturity ("Monadology", "Discourse on the Natural Theology of the Chinese"). It also covers his two main philosophical books (New Essays on Human Understanding and Theodicy), and three of his most important philosophical correspondences with Antoine Arnauld, Burcher De Volder, and Samuel Clarke. Written by internationally-renowned experts on Leibniz, the chapters offer clear, accessible accounts of the ideas and arguments of these key writings, along with valuable information about their composition and context. By focusing on the primary texts, they enable readers to attain a solid understanding of what each text says and why, and give them the confidence to read the texts themselves. Offering a detailed and chronological view of Leibniz's philosophy and its development through some of his most important writings, this volume is an invaluable guide for those encountering Leibniz for the first time.