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Author: Scott Brewer Publisher: Routledge ISBN: 1136524762 Category : Philosophy Languages : en Pages : 425
Book Description
First published in 1998. This five-volume series contains some of this century's most influential or thought provoking articles on the subject of legal argument that have appeared in Anglo-American philosophy journals and law reviews. This volume offers a collection of essays by philosophers and legal scholars on economics, artificial intelligence and the physical sciences.
Author: Scott Brewer Publisher: Routledge ISBN: 1136524762 Category : Philosophy Languages : en Pages : 425
Book Description
First published in 1998. This five-volume series contains some of this century's most influential or thought provoking articles on the subject of legal argument that have appeared in Anglo-American philosophy journals and law reviews. This volume offers a collection of essays by philosophers and legal scholars on economics, artificial intelligence and the physical sciences.
Author: Scott Brewer Publisher: Routledge ISBN: 1135643024 Category : Philosophy Languages : en Pages : 401
Book Description
At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
Author: Scott Brewer Publisher: Routledge ISBN: 1136524835 Category : Philosophy Languages : en Pages : 424
Book Description
First published in 1998. This five-volume series contains some of this century's most influential or thought provoking articles on the subject of legal argument that have appeared in Anglo-American philosophy journals and law reviews. This volume offers a collection of essays by philosophers and legal scholars on economics, artificial intelligence and the physical sciences.
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: Melvin A. Eisenberg Publisher: Cambridge University Press ISBN: 1009192760 Category : Law Languages : en Pages : 194
Book Description
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
Author: Jerzy Stelmach Publisher: Springer Science & Business Media ISBN: 1402049390 Category : Law Languages : en Pages : 237
Book Description
Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
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: Scott Brewer Publisher: Routledge ISBN: 9780815326540 Category : Law Languages : en Pages : 2048
Book Description
Available individually by volume 1. Logic, Probability, and Presumption in Legal Reasoning (0-8153-2655-6) 416 pages 2. Precedents, Statutes, and Analysis of Legal Concepts (0-8153-2656-4) 400 pages 3. Moral Theory and Legal Reasoning (0-8153-2657-2) 408 pages 4. Evolution and Revolution in Theories of Legal Reasoning (0-8153-2658-0) 400 pages 5. Scientific Models of Legal Reasoning (0-8153-2757-9) 424 pages
Author: Aulis Aarnio Publisher: New York University Press ISBN: Category : Law Languages : en Pages : 534
Book Description
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
Author: Scott Brewer Publisher: Routledge ISBN: 1135642745 Category : Philosophy Languages : en Pages : 416
Book Description
At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
Author: Scott Brewer
Author: Scott Brewer
Author: Scott Brewer
Author: Scott Brewer
Author: Douglas Walton
Author: Melvin A. Eisenberg
Author: Jerzy Stelmach
Author: Giorgio Bongiovanni
Author: Scott Brewer
Author: Aulis Aarnio
Author: Scott Brewer