Jurisprudence and Practical Logic of Civil Code PDF Download

Author: Xianzhong Sun
Publisher: Springer Nature
ISBN: 9819711193
Category :
Languages : en
Pages : 399

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Author: Matthias Armgardt
Publisher: Springer
ISBN: 3319160214
Category : Philosophy
Languages : en
Pages : 275

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Book 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.

Author: Shahid Rahman
Publisher: Springer Nature
ISBN: 3030700844
Category : Philosophy
Languages : en
Pages : 432

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Book Description
This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.

Author: Rudolf von Jhering
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 556

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Author: Jules Coleman
Publisher: OUP Oxford
ISBN: 9780199270972
Category : Law
Languages : en
Pages : 1072

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Book Description
The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.

Author: Henry Prakken
Publisher: Routledge
ISBN: 1317106296
Category : Law
Languages : en
Pages : 481

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Book Description
As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.

Author: Oliver Wendell Holmes
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 448

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Author: Xianzhong Sun
Publisher: Springer
ISBN: 9789819711185
Category : Law
Languages : en
Pages : 0

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Book Description
This book is a collection of articles that the author has pondered for a long time on the legal theory and practice of China's civil law. It mainly discusses the systematic, scientific and practical issues of Chinese civil law. At the macro level, it covers the relationship between the general provisions and the specific provisions of the Civil Code, the introduction, decline and revival of the Pandekton system in the process of drafting the Civil Code in China, and the important position of the Civil Code in the national governance system; at the meso level, it analyses the legislative arrangement and practical significance of the real right of the Civil Code; at the micro level, it explains the attribute of "unauthorised disposal" and the legal basis for the abolition of this clause in the Contract Law.

Author: Stuart Banner
Publisher: Oxford University Press
ISBN: 0197556493
Category : Common law
Languages : en
Pages : 265

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The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.

Author: Philip C. Huang
Publisher: Stanford University Press
ISBN: 0804741115
Category : Law
Languages : en
Pages : 261

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Book Description
What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.