Legal Knowledge And Analogy

Author : P.J. Nerhot
Publisher : Springer Science & Business Media
Page : 266 pages
File Size : 45,5 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789401132602

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Legal Knowledge and Analogy by P.J. Nerhot Pdf

3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.

Author : P. J. Nerhot
Publisher : Unknown
Page : 256 pages
File Size : 47,6 Mb
Release : 1990-12-31
Category : Electronic
ISBN : 9401132615

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Legal Knowledge and Analogy by P. J. Nerhot Pdf

Author : Fernando Lusa Bordin
Publisher : Cambridge University Press
Page : 299 pages
File Size : 45,9 Mb
Release : 2018-11-22
Category : Law
ISBN : 9781107155558

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The Analogy between States and International Organizations by Fernando Lusa Bordin Pdf

Discusses how an analogy between States and international organizations has influenced the development of international law.

Author : IOS Press
Publisher : IOS Press
Page : 200 pages
File Size : 52,9 Mb
Release : 2013-11-28
Category : Computers
ISBN : 9781614993599

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Legal Knowledge and Information Systems by IOS Press Pdf

In the same way that it has become part of all our lives, computer technology is now integral to the work of the legal profession. The JURIX Foundation has been organizing annual international conferences in the area of computer science and law since 1988, and continues to support cutting-edge research and applications at the interface between law and computer technology. This book contains the 16 full papers and 6 short papers presented at the 26th International Conference on Legal Knowledge and Information Systems (JURIX 2013), held in December 2013 in Bologna, Italy. The papers cover a wide range of research topics and application areas concerning the advanced management of legal information and knowledge, including computational techniques for: classifying and extracting information from, and detecting conflicts in, regulatory texts; modeling legal argumentation and representing case narratives; improving the retrieval of legal information and extracting information from legal case texts; conducting e-discovery; and, applications involving intellectual property and IP licensing, online dispute resolution, delivering legal aid to the public and organizing the administration of local law and regulations. The book will be of interest to all those associated with the legal profession whose work involves the use of computer technology.

Author : H. Prakken
Publisher : Unknown
Page : 172 pages
File Size : 54,7 Mb
Release : 1994
Category : Artificial intelligence
ISBN : STANFORD:36105062055350

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Legal Knowledge Based Systems by H. Prakken Pdf

Author : Hendrik Kaptein,Bastiaan D. van der Velden
Publisher : Unknown
Page : 0 pages
File Size : 53,7 Mb
Release : 2018
Category : Analogy
ISBN : 9462985901

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Analogy and Exemplary Reasoning in Legal Discourse by Hendrik Kaptein,Bastiaan D. van der Velden Pdf

This book brings together contributions from leading figures in legal studies on analogy and related forms of reasoning in the law. Analogical reasoning-which relies on the concept of two different things being in some way like each other-is hugely important not just in the practice of law, but it is nonetheless strongly contested. This volume raises key questions like: What is the logical, argumentative, rhetorical, or just heuristic force of analogy in law? Is analogy really different from extensive interpretation, reasoning by precedent and appeal to paradigm?

Author : Leib Moscovitz
Publisher : Mohr Siebeck
Page : 436 pages
File Size : 48,7 Mb
Release : 2002
Category : Religion
ISBN : 316147726X

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Talmudic Reasoning by Leib Moscovitz Pdf

The development of explicit legal concepts and principles in rabbinic literature reflects rabbinic legal thought at its most creative and sophisticated, as many of these concepts and principles deal with abstract, metaphysical entities. In this study Leib Moscovitz systematically surveys the development and impact of abstraction and conceptualization in the various legal corpora of rabbinic literature, illustrating the critical and unique role that conceptualization plays in talmudic reasoning. He demonstrates how the analysis of rabbinic conceptualization can shed light on numerous important aspects of rabbinic scholarship, such as the character and development of rabbinic legal thought, techniques of rabbinic legal exegesis, rabbinic jurisprudence, and various philological and historical issues in rabbinics, such as the chronology of the anonymous stratum of the Babylonian Talmud. Rabbinic conceptualization, though unique in many respects, shares certain features with cognate disciplines, and this study utilizes these disciplines (mainly jurisprudence, cognitive psychology, and philosophy) to illuminate rabbinic conceptualization wherever relevant. The themes addressed in this study include the use of casuistics, generalization, and implicit conceptualization in the earlier strata of rabbinic literature, classification and legal definition, legal fictions, legal explanation, analogy and association, and the development and use of explicit legal concepts and principles in the later strata of rabbinic literature.

Author : Authors Of The Legal Fraternity
Publisher : Highbrow Phantom Publishing House
Page : 154 pages
File Size : 41,9 Mb
Release : 2022-09-27
Category : Law
ISBN : 9788195326501

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AN ANALOGY OF LEGAL VIEWS AND LEGAL INTELLECT by Authors Of The Legal Fraternity Pdf

An analogy of legal views and legal intellect, a body of work brought to you from legal experts with countless years of experience combined.

Author : Samuel Higgs Gael
Publisher : Wentworth Press
Page : 344 pages
File Size : 51,5 Mb
Release : 2019-02-25
Category : History
ISBN : 0469691271

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A Practical Treatise on the Analogy Between Legal and General Composition by Samuel Higgs Gael Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Annelise Riles
Publisher : University of Chicago Press
Page : 310 pages
File Size : 48,9 Mb
Release : 2011-05
Category : Business & Economics
ISBN : 9780226719337

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Collateral Knowledge by Annelise Riles Pdf

Who are the agents of financial regulation? Is good (or bad) financial governance merely the work of legislators and regulators? Here Annelise Riles argues that financial governance is made not just through top-down laws and policies but also through the daily use of mundane legal techniques such as collateral by a variety of secondary agents, from legal technicians and retail investors to financiers and academics and even computerized trading programs. Drawing upon her ten years of ethnographic fieldwork in the Japanese derivatives market, Riles explores the uses of collateral in the financial markets as a regulatory device for stabilizing market transactions. How collateral operates, Riles suggests, is paradigmatic of a class of low-profile, mundane, but indispensable activities and practices that are all too often ignored as we think about how markets should work and be governed. Riles seeks to democratize our understanding of legal techniques, and demonstrate how these day-to-day private actions can be reformed to produce more effective forms of market regulation.

Author : Maciej Koszowski
Publisher : Cambridge Scholars Publishing
Page : 232 pages
File Size : 48,8 Mb
Release : 2019-04-02
Category : Philosophy
ISBN : 9781527532496

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Analogical Reasoning in Law by Maciej Koszowski Pdf

This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith—astonishing or not—not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.

Author : Samuel Higgs Gael
Publisher : Unknown
Page : 352 pages
File Size : 46,8 Mb
Release : 1840
Category : Law
ISBN : BL:A0020301913

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A Practical Treatise on the Analogy Between Legal and General Composition by Samuel Higgs Gael Pdf

Author : Lloyd L. Weinreb
Publisher : Cambridge University Press
Page : 199 pages
File Size : 43,9 Mb
Release : 2016-10-05
Category : Law
ISBN : 9781107153462

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Legal Reason by Lloyd L. Weinreb Pdf

In this book, the pervasive use of analogies in the reasoning of lawyers and judges is explained in clear, simple, untechnical prose.

Author : Bushnell Horace
Publisher : Wentworth Press
Page : 258 pages
File Size : 48,9 Mb
Release : 2019-03-04
Category : History
ISBN : 0526841389

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Forgiveness and Law: Grounded in Principles Interpreted by Human Analogies by Bushnell Horace Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Sebastián Urbina
Publisher : Springer Science & Business Media
Page : 272 pages
File Size : 53,7 Mb
Release : 2002-08-31
Category : Law
ISBN : 9041118705

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Legal Method and the Rule of Law by Sebastián Urbina Pdf

We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.