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´...

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Những tác giả chính: Armgardt, Matthias, Canivez, Patrice, Chassagnard-Pinet, Sandrine
Định dạng: Sách
Ngôn ngữ:English
Được phát hành: Springer 2016
Những chủ đề:
Law
Truy cập trực tuyến:https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/60039
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spelling oai:scholar.dlu.edu.vn:DLU123456789-600392023-11-11T07:11:35Z Past and Present Interactions in Legal Reasoning and Logic Armgardt, Matthias Canivez, Patrice Chassagnard-Pinet, Sandrine Essays Law Conditionals Methodology 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. 2016-04-13T03:07:46Z 2016-04-13T03:07:46Z 2015 Book 978-3-319-16021-4 978-3-319-16020-7 https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/60039 en application/pdf Springer
institution Thư viện Trường Đại học Đà Lạt
collection Thư viện số
language English
topic Essays
Law
Conditionals
Methodology
spellingShingle Essays
Law
Conditionals
Methodology
Armgardt, Matthias
Canivez, Patrice
Chassagnard-Pinet, Sandrine
Past and Present Interactions in Legal Reasoning and Logic
description 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.
format Book
author Armgardt, Matthias
Canivez, Patrice
Chassagnard-Pinet, Sandrine
author_facet Armgardt, Matthias
Canivez, Patrice
Chassagnard-Pinet, Sandrine
author_sort Armgardt, Matthias
title Past and Present Interactions in Legal Reasoning and Logic
title_short Past and Present Interactions in Legal Reasoning and Logic
title_full Past and Present Interactions in Legal Reasoning and Logic
title_fullStr Past and Present Interactions in Legal Reasoning and Logic
title_full_unstemmed Past and Present Interactions in Legal Reasoning and Logic
title_sort past and present interactions in legal reasoning and logic
publisher Springer
publishDate 2016
url https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/60039
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