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Author : Michael D. Roumeliotis
Publisher : Unknown
Page : 216 pages
File Size : 48,5 Mb
Release : 1994
Category : Knowledge, Theory of
ISBN : STANFORD:36105060931446
Author : Patrick Nerhot
Publisher : Springer Science & Business Media
Page : 266 pages
File Size : 52,5 Mb
Release : 1990-12-31
Category : Law
ISBN : 0792310659
The Analogy between Logic and Dialogic of Law.- Analogy as Legal Reasoning - The Hermeneutic Foundation of the Analogical Procedure.- Milking the Meter - On Analogy, Universalizability and World Views.- The Function of Analogy in Law: Return to Kant and Wittgenstein.- Analogy in Legal Science: Some Comparative Observations.- Legal Analogy between Interpretive Arguments and Productive Arguments.- Legal Knowledge and Meaning (The Example of Legal Analogy).- Analogical Reasoning and Legal Institutions.- Analogy in the Law.
Author : Michael Giudice
Publisher : Routledge
Page : 559 pages
File Size : 50,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351542623
The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.
Author : Igor Hanzel
Publisher : Springer Science & Business Media
Page : 237 pages
File Size : 53,8 Mb
Release : 2013-03-14
Category : Science
ISBN : 9789401732659
The author argues that a reconstruction of scientific laws should give an account of laws relating phenomena to underlying mechanisms generating them, as well as of laws relating this mechanism to its inherent capacities. While contemporary philosophy of science deals only with the former, the author provides the concept for the reconstruction of scientific laws, where the knowledge of the phenomena enables one to grasp the quantity of their cause. He then provides the concepts for scientific laws dealing with the relation of the quantity and quality of the cause underlying phenomena to the quality and quantity of its capacities. Finally, he provides concepts for scientific laws expressing how a certain cause, due to the quantity and quality of its capacities, generates the quantitative and qualitative determinations of its manifestations. The book is intended for philosophers of science and philosophers of social science, as well as for natural and social scientists.
Author : Ashk Dahlen
Publisher : Routledge
Page : 425 pages
File Size : 48,7 Mb
Release : 2004-03-01
Category : Social Science
ISBN : 9781135943554
This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.
Author : Mark Van Hoecke
Publisher : Bloomsbury Publishing
Page : 408 pages
File Size : 42,9 Mb
Release : 2004-06-01
Category : Law
ISBN : 9781847311245
Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.
Author : Aleksander Peczenik,L. Lindahl,G.C. van Roermund
Publisher : Springer Science & Business Media
Page : 666 pages
File Size : 52,6 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789400964815
Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983
Author : Verena Klappstein,Maciej Dybowski
Publisher : Springer Nature
Page : 274 pages
File Size : 42,9 Mb
Release : 2022-01-03
Category : Law
ISBN : 9783030838416
This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.
Author : Mark van Hoecke
Publisher : Unknown
Page : 398 pages
File Size : 45,6 Mb
Release : 2004
Category : Comparative law
ISBN : 1472559584
Author : P.J. Nerhot
Publisher : Springer Science & Business Media
Page : 457 pages
File Size : 50,9 Mb
Release : 2013-04-17
Category : Philosophy
ISBN : 9789401578752
PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
Author : Jaap Hage
Publisher : Springer Science & Business Media
Page : 343 pages
File Size : 51,5 Mb
Release : 2006-03-30
Category : Law
ISBN : 9781402035524
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.
Author : Richard A. Posner
Publisher : Harvard University Press
Page : 474 pages
File Size : 46,8 Mb
Release : 2004-03
Category : Business & Economics
ISBN : 0674013603
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.
Author : Aleksander Peczenik
Publisher : Springer Science & Business Media
Page : 455 pages
File Size : 52,5 Mb
Release : 2014-01-12
Category : Law
ISBN : 9781402083815
'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 : Maksymilian Del Mar
Publisher : Springer
Page : 285 pages
File Size : 50,9 Mb
Release : 2011-08-15
Category : Philosophy
ISBN : 9780230316645
A collection of 11 cutting-edge essays by leading young scholars, challenging long-held assumptions and offering new research paradigms in Philosophy of Law - in five parts 1) methodology/metatheory; 2) reasoning/evaluating; 3) values/the moral life; 4) institutions/the social life; and 5) the global/international dimension.
Author : Jordi Ferrer Beltrán,José Juan Moreso,Diego M. Papayannis
Publisher : Springer Science & Business Media
Page : 283 pages
File Size : 49,7 Mb
Release : 2013-04-03
Category : Law
ISBN : 9789400760677
This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.
