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Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the author’s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their original versions. The emphasis is on analysis, not on logical technicalities. Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules. Moreover, it contains a new, simplified and yet more powerful version of Reason-based Logic and extensive examples of how it can be used for the analysis of legal reasoning. The examples deal with legal theory construction, case-based reasoning, and judicial proof. Studies in Legal Logic is primarily intended for researchers and students in the fields of analytical jurisprudence and artificial intelligence and law. It should also be of interest for readers interested in the philosophy of logic and epistemology. .
Law --- Logic. --- Methodology. --- Argumentation --- Deduction (Logic) --- Deductive logic --- Dialectic (Logic) --- Logic, Deductive --- Intellect --- Philosophy --- Psychology --- Science --- Reasoning --- Thought and thinking --- Methodology --- Legal reasoning --- Genetic epistemology. --- Theories of Law, Philosophy of Law, Legal History. --- Epistemology. --- Developmental psychology --- Knowledge, Theory of --- Law—Philosophy. --- Law. --- Epistemology --- Theory of knowledge --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Knowledge, Theory of. --- Philosophy. --- History. --- Legal history --- History and criticism
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HOR Horticulture --- shrubs --- ornamental shrubs --- climbers --- Coniferae = Conifers --- horticulture --- hardy plants
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Human sciences (algemeen) --- Legal theory and methods. Philosophy of law --- recht --- cultuurwetenschap --- rechtstheorie
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Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
Law --- Reasoning --- Droit --- --Raisonnement --- --Logique --- --Methodology --- Logic. --- Reasoning. --- Methodology. --- Law—Philosophy. --- Law. --- Computers. --- Law and legislation. --- Artificial intelligence. --- Political science. --- Theories of Law, Philosophy of Law, Legal History. --- Legal Aspects of Computing. --- Artificial Intelligence. --- Philosophy of Law. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- AI (Artificial intelligence) --- Artificial thinking --- Electronic brains --- Intellectronics --- Intelligence, Artificial --- Intelligent machines --- Machine intelligence --- Thinking, Artificial --- Bionics --- Cognitive science --- Digital computer simulation --- Electronic data processing --- Logic machines --- Machine theory --- Self-organizing systems --- Simulation methods --- Fifth generation computers --- Neural computers --- Automatic computers --- Automatic data processors --- Computer hardware --- Computing machines (Computers) --- Electronic calculating-machines --- Electronic computers --- Hardware, Computer --- Computer systems --- Cybernetics --- Calculators --- Cyberspace --- Argumentation --- Deduction (Logic) --- Deductive logic --- Dialectic (Logic) --- Logic, Deductive --- Intellect --- Philosophy --- Psychology --- Science --- Thought and thinking --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Methodology --- Law - Methodology --- Raisonnement --- Logique
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This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law, and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.
Law. --- Political science. --- Law --- Fundamentals of Law. --- Philosophy of Law. --- Philosophy. --- Philosophy of law. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Jurisprudence --- Law—Philosophy. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation
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European federation. --- European union --- Union européenne --- History --- Histoire. --- Europe --- Unité. --- European Union --- History.
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