Informatics and the Foundations of Legal Reasoning
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

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Informatics 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.

Legal Reasoning and Legal Writing
Legal Reasoning and Legal Writing

Author: Richard K. Neumann

Publisher: Aspen Publishers

Published: 2009

Total Pages: 564

ISBN-13:

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The Sixth Edition of this respected and popular text remains grounded in the premise that legal reasoning and legal writing are best learned when they are taught together. Building on that foundation, Neumann continues to offer complete, clear, and timely coverage of how to form a legal argument and how to write an effective legal memorandum. Streamlined in its Sixth Edition, Legal Reasoning and Legal Writing features : comprehensive coverage of legal writing: the office memo the motion memo the appellate brief eminently readable text, including an exceptionally lucid explanation of the reasoning behind the proof of a conclusion of law a thoughtful treatment of all aspects of legal reasoning student-friendly instruction on the process of writing, The mechanics of style, and grammar up-to-date examples and exercises sample documents in the Appendices, including an office memo, motion memo, and two appellate briefs Highly regarded author Richard K. Neumann, Jr. presents, In tandem, smart, in-depth coverage of legal writing and legal reasoning, supported by examples, writing samples, and extraordinarily clear and lucid exposition.

Theory of Legal Principles
Theory of Legal Principles

Author: Humberto Avila

Publisher: Springer Science & Business Media

Published: 2007-09-26

Total Pages: 166

ISBN-13: 1402058799

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This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

A Primer on Legal Reasoning
A Primer on Legal Reasoning

Author: Michael Evan Gold

Publisher: ILR Press

Published: 2018-11-15

Total Pages: 361

ISBN-13: 1501728601

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After years of teaching law courses to undergraduate, graduate, and law students, Michael Evan Gold has come to believe that the traditional way of teaching – analysis, explanation, and example – is superior to the Socratic Method for students at the outset of their studies. In courses taught Socratically, even the most gifted students can struggle, and many others are lost in a fog for months. Gold offers a meta approach to teaching legal reasoning, bringing the process of argumentation to the fore. Using examples both from the law and from daily life, Gold's book will help undergraduates and first-year law students to understand legal discourse. The book analyzes and illustrates the principles of legal reasoning, such as logical deduction, analogies and distinctions, and application of law to fact, and even solves the mystery of how to spot an issue. In Gold's experience, students who understand the principles of analytical thinking are able to understand arguments, to evaluate and reply to them, and ultimately to construct sound arguments of their own.

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.