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Author: Eveline T. Feteris Publisher: Springer Science & Business Media ISBN: 9401592195 Category : Philosophy Languages : en Pages : 236
Book Description
Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.
Author: Eveline T. Feteris Publisher: Springer Science & Business Media ISBN: 9401592195 Category : Philosophy Languages : en Pages : 236
Book Description
Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.
Author: Robert Alexy Publisher: Oxford University Press, USA ISBN: Category : Law Languages : en Pages : 352
Book Description
"What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book"--Publisher's website.
Author: H. Prakken Publisher: Springer Science & Business Media ISBN: 9401156689 Category : Law Languages : en Pages : 215
Book Description
In the study of forms of legal reasoning, logic and argumentation theory long followed separate tracks. `Legal logicians' tended to focus on a deductive reconstruction of justifying a decision, disregarding the dialectical process leading to the chosen justification. Others instead emphasized the adversarial and discretionary nature of legal reasoning, involving reasonable evaluation of alternative choices, and the use of analogical reasoning. Recently, however, developments in Artificial Intelligence and Law have paved the way for overcoming this separation. Logic has widened its scope to defensible argumentation, and informal accounts of analogy and dialectics have inspired the construction of computer programs. Thus the prospect is emerging of an integrated logical and dialectical account of legal argument, adding to the understanding of legal reasoning, and providing a formal basis for computer tools that assist and mediate legal debates while leaving room for human initiative. This book presents contributions to this development. From a logical point of view it covers topics such as evaluating conflicting arguments, weighing reasons, modelling legal disputes as a dialogue game, the role of the burden of proof, the relation between principles, rules, reasons and facts, and the relation between deductive and nondeductive arguments. Written by leading scholars in the field and building on recent developments in logic and Artificial Intelligence, the chapters provide a state-of-the-art account of research on the logical aspects of legal argument.
Author: Geoffrey Samuel Publisher: Routledge ISBN: 1135342113 Category : Law Languages : en Pages : 644
Book Description
This book examines the notion of a law of obligations as a conceptual category in itself; and, in doing this, it presents the foundational material in a context that draws on some comparative and theoretical ideas while, at the same time, emphasising the special characteristics of the common law. The book is specifically designed to act as an introduction to the legal research skills of reasoning and method. It also looks at the foundations of civil liability in a way that emphasises the interrelationship of source materials, problem solving and conceptual analysis and justification.
Author: Geoffrey Samuel Publisher: Routledge ISBN: 1351939343 Category : Philosophy Languages : en Pages : 263
Book Description
This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.
Author: Giorgio Bongiovanni Publisher: Springer ISBN: 9048194520 Category : Philosophy Languages : en Pages : 773
Book Description
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
Author: Hubert Hubien Publisher: ISBN: Category : Judicial process Languages : en Pages : 624
Book Description
This volume contains the papers which will be discussed during the afternoon round tables ; the papers read during the plenary sessions, with possibly a summary of the discussions, will be published as a Beiheft of the Archiv für Rechts- und Sozialphilosophie.
Author: Douglas Walton Publisher: Penn State Press ISBN: 9780271048338 Category : Law Languages : en Pages : 400
Book Description
A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.
Author: E. T. Feteris Publisher: ISBN: 9789462367029 Category : Forensic orations Languages : en Pages : 0
Book Description
Modern legal systems are characterized by a tension between two commonplaces: the Rule of Law on the one hand, and the arguable character of law on the other. The Rule of Law calls for legal certainty, predictability and reasonableness; the argumentative character of law implies room for rational disagreement. In this book, expert scholars come together to offer interdisciplinary approaches to debate this tension and its possible reconciliation. Central in their perspective is that reconciliation is possible when the Rule of Law also incorporates rules for reason-giving. Reason-giving should be part of a substantive conception of the Rule of Law. Requiring that legal decision-makers give reasons furthers reasonable outcomes. The analysis of the ideal of rational argumentation and the ideal of the Rule of Law show how insights of two traditions are connected. This collection of essays includes contributions from law, argumentation theory, logic and philosophical perspectives. This multifaceted approach demonstrates the variety of questions that emerge at the intersection of both commonplaces. This volume fills a remarkable void in the current literature on the Rule of Law. It should be welcomed, not only by experts in Legal Methodology, Argumentation Theory and Rhetoric, but by judges, lawyers and law students as well. [Subject: Constitutional Law, Legal Theory, Civil Law]
Author: Josep Aguiló Regla Publisher: Franz Steiner Verlag Wiesbaden gmbh ISBN: 9783515089142 Category : Philosophy Languages : en Pages : 206
Book Description
The volume is divided into five sections. In the first chapter entitled aTheory of argumentationo, contributors debate the idea of a rational modification of beliefs as the basis of rational consensus, the G nther-Alexy debate, Opocher's conception of justice which is taken from a descriptive level to an argumentative one, truth in the field of rhetoric and judicial argumentation as well as sincerity as a necessary condition for effectiveness in legal argumentation. Further sections deal with oAnalysis and representation of argumentso, oContextualized judicial argumentso, oNorms and interpretationso and finally a section on oLogico with contributions on the stit theory and logic problems in the formalization and representation of legal knowledge in constructing an expert system. Contents I. Theory of Argumentation / Teoria de la argumentacion: Jose Manuel Cabra Apalategui: Discurso, racionalidad y persuasion Peng-Hsiang Wang: Coherence and Revision. Critical Remarks on G nther-Alexy Debate Maurizio Manzin: Justice, Argumentation and Truth in Legal Reasoning. In Memory of Enrico Opocher (1914-2004) Federico Puppo: The Problem of Truth in Judicial Argumentation C.E. Smith: Sincerity in Legal Argumentation Theory II. Analysis and Representation of Argumentation /Analisis y representacion de argumentos: Eveline T. Feteris: The Rational Reconstruction of Teleological-Evaluative Arguments Harm Kloosterhuis: Ad Absurdum Arguments in Legal Decisions G nther Kreuzbauer: Visualization of Legal Argumentation III. Contextualized Judicial Argumentation /Argumentacion judicial contextualizada: Marko Novak: Limiting Courts: Towards Greater Consistency of Adjudication in the Civil Law System Sonia Esperanza Rodriguez Boente: Los principios generales del Derecho en la argumentacion juridica Thomas da Rosa de Bustamante / Denis Franco Silva: Prospective Overruling: Why and How it Should be Applied (The example of the Brazilian Legal Systen) Stanislovas Tomas: Theory of Judicial Shamanism Derk Venema: Formalism and Non-formalism in Occupied Holland and Belgium 1940-1945 IV. Norms and Interpretation / Normas e interpretacion: Jaap Hage: Why Norms are not Imperatives Raymundo Gama Leyva: Some ideas about the nature of presumption rules Josep Aguilo-Regla: On presumptions and Legal Argumentation Marijan Pavcnik: Constitutional Interpretation V. Logic / Logica Mateusz Klinowski: Theory of Action on a Tree Jose Pedro Ubeda Rives: Problemas que el Derecho plantea a la logica.
Author: Eveline T. Feteris
Author: Eveline T. Feteris
Author: Robert Alexy
Author: H. Prakken
Author: Geoffrey Samuel
Author: Geoffrey Samuel
Author: Giorgio Bongiovanni
Author: Hubert Hubien
Author: Douglas Walton
Author: E. T. Feteris
Author: Josep Aguiló Regla