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Author: Dov M. Gabbay Publisher: Springer Science & Business Media ISBN: 9048195888 Category : Law Languages : en Pages : 419
Book Description
Legal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.
Author: Dov M. Gabbay Publisher: Springer Science & Business Media ISBN: 9048195888 Category : Law Languages : en Pages : 419
Book Description
Legal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.
Author: Roger Cotterrell Publisher: Oxford University Press ISBN: 9780198264903 Category : Law Languages : en Pages : 404
Book Description
These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.
Author: Karen Schweers Cook Publisher: University of Chicago Press ISBN: 0226742415 Category : Political Science Languages : en Pages : 436
Book Description
Prevailing economic theory presumes that agents act rationally when they make decisions, striving to maximize the efficient use of their resources. Psychology has repeatedly challenged the rational choice paradigm with persuasive evidence that people do not always make the optimal choice. Yet the paradigm has proven so successful a predictor that its use continues to flourish, fueled by debate across the social sciences over why it works so well. Intended to introduce novices to rational choice theory, this accessible, interdisciplinary book collects writings by leading researchers. The Limits of Rationality illuminates the rational choice paradigm of social and political behavior itself, identifies its limitations, clarifies the nature of current controversies, and offers suggestions for improving current models. In the first section of the book, contributors consider the theoretical foundations of rational choice. Models of rational choice play an important role in providing a standard of human action and the bases for constitutional design, but do they also succeed as explanatory models of behavior? Do empirical failures of these explanatory models constitute a telling condemnation of rational choice theory or do they open new avenues of investigation and theorizing? Emphasizing analyses of norms and institutions, the second and third sections of the book investigate areas in which rational choice theory might be extended in order to provide better models. The contributors evaluate the adequacy of analyses based on neoclassical economics, the potential contributions of game theory and cognitive science, and the consequences for the basic framework when unequal bargaining power and hierarchy are introduced.
Author: José Luis Bermúdez Publisher: Oxford University Press ISBN: 9780199256839 Category : Philosophy Languages : en Pages : 302
Book Description
In a series of essays nine philosophers and two psychologists address three main themes: the status of norms of rationality; the precise form taken by them; and the role of norms in belief and actions.
Author: Luc J. Wintgens Publisher: Springer Science & Business Media ISBN: 3319000624 Category : Law Languages : en Pages : 256
Book Description
The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in legisprudence as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws.
Author: Sebastián Urbina Publisher: Springer Science & Business Media ISBN: 9401728461 Category : Law Languages : en Pages : 239
Book Description
Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. The main contention of the book relates to the insufficiencies of the legal positivistic approach. Some of its claims are that we must sharply separate what the law is from, what the law ought to be, and that we can know what the law is without appealing to meta-legal considerations. These and other claims are criticized. The author shows that with the legal positivistic approach we cannot know, in all cases, what the law is, if that is equated to the rules posited by the legislator. He also challenges H.L.A. Hart's and MacCormick's points of view, amongst others, about the characteristic corner stones of legal positivism. Some other issues relate to human rights, legal rationality and efficiency and ethics. This book will be of interest to philosophers concerned with law or ethics, those concerned with justice in modern society and to jurists and law students.
Author: Aleksander Peczenik Publisher: Springer Science & Business Media ISBN: 1402083815 Category : Law Languages : en Pages : 455
Book Description
'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.
Author: Gerald Turkel Publisher: Pearson ISBN: Category : Law Languages : en Pages : 264
Book Description
This text presents a critical approach to issues in law and society. It is concerned with defining how the rule of law has changed as a result of changes in the economy; the development of social movements in the U.S.; and in the efforts to make life more democratic. The book focuses on questions of law and economic relationships, law and changing definitions of gender, alternative dispute resolution, and relationships between law and the community.
Author: Dov M. Gabbay
Author: Dov M. Gabbay
Author: Mark C. Murphy
Author: Roger Cotterrell
Author: Karen Schweers Cook
Author: José Luis Bermúdez
Author: Luc J. Wintgens
Author: Aulis Aarnio
Author: Sebastián Urbina
Author: Aleksander Peczenik
Author: Gerald Turkel