Logic In Law

Author : A. Soeteman
Publisher : Springer Science & Business Media
Page : 339 pages
File Size : 46,8 Mb
Release : 2013-03-14
Category : Law
ISBN : 9789401578219

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Logic in Law by A. Soeteman Pdf

The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.

Author : Ruggero J. Aldisert
Publisher : Unknown
Page : 296 pages
File Size : 43,9 Mb
Release : 1989
Category : Judicial process
ISBN : STANFORD:36105044216971

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Logic for Lawyers by Ruggero J. Aldisert Pdf

This book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.

Author : Stephen M. Rice
Publisher : Aspen Publishing
Page : 429 pages
File Size : 47,8 Mb
Release : 2017-05-03
Category : Law
ISBN : 9781601566102

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Force of Logic by Stephen M. Rice Pdf

Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.

Author : Douglas Lind
Publisher : Unknown
Page : 392 pages
File Size : 53,5 Mb
Release : 2001
Category : Judicial process
ISBN : 0965727327

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Logic and Legal Reasoning by Douglas Lind Pdf

Author : Ruggero J. Aldisert
Publisher : Unknown
Page : 308 pages
File Size : 51,6 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105062256768

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Logic for Lawyers by Ruggero J. Aldisert Pdf

Author : Jaap Hage
Publisher : Springer Science & Business Media
Page : 280 pages
File Size : 55,8 Mb
Release : 2013-04-17
Category : Law
ISBN : 9789401588737

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Reasoning with Rules by Jaap Hage Pdf

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.

Author : Nicholas J.J. Smith
Publisher : Princeton University Press
Page : 544 pages
File Size : 52,6 Mb
Release : 2012-04
Category : Philosophy
ISBN : 9780691151632

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Logic by Nicholas J.J. Smith Pdf

Provides an essential introduction to classical logic.

Author : Max Radin
Publisher : The Lawbook Exchange, Ltd.
Page : 196 pages
File Size : 46,5 Mb
Release : 2000
Category : Experience
ISBN : 9781584770084

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Law as Logic and Experience by Max Radin Pdf

Radin, Max. Law as Logic and Experience. New Haven: Yale University Press, 1940. ix, [1], 171 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-30670. ISBN 1-58477-008-2. Cloth. $55. * "Although this volume does not purport to be a serious contribution to legal science or to legal philosophy, it is full of the mellow wisdom, the gracious erudition, the provoking phrase, and the human sympathy that make almost anything that Max Radin says or writes worth pondering. It presents a series of lectures on two texts: the dictum of Coke, J. 'Reason is the life of the law,' and the dissenting opinion of Holmes, J., 'The life of the law has not been logic, it has been experience.'" Felix S. Cohen, Harvard Law Review 54:711. Marke, A Catalogue of the Law Collection of New York University (1953) 924.

Author : Frederic Kellogg
Publisher : Rowman & Littlefield
Page : 203 pages
File Size : 50,5 Mb
Release : 2020-12-10
Category : Law
ISBN : 9781793616982

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Pragmatism, Logic, and Law by Frederic Kellogg Pdf

Pragmatism, Logic and Law offers a view of legal pragmatism consistent with pragmatism writ large, tracing it from origins in late 19th century America to the present, covering various issues, legal cases, personalities, and relevant intellectual movements within and outside law. It addresses pragmatism’s relation to legal liberalism, legal positivism, natural law, critical legal studies (CLS), and post-Rorty “neopragmatism.” It views legal pragmatism as an exemplar of pragmatism’s general contribution to logical theory, which bears two connections to the western philosophical tradition: first, it extends Francis Bacon’s empiricism into contemporary aspects of scientific and legal experience, and second, it is an explicitly social reconstruction of logical induction. Both notions were articulated by John Dewey, and both emphasize the social or corporate element of human inquiry. Empiricism is informed by social as well as individual experience (which includes the problems of conflict and consensus). Rather than following the Aristotelian model of induction as immediate inference from particulars to generals, a model that assumes a consensual objective viewpoint, pragmatism explores the actual, and extended, process of corporate inference from particular experience to generalization, in law as in science. This includes the necessary process of resolving disagreement and finding similarity among relevant particulars.

Author : Jaap Hage
Publisher : Springer Science & Business Media
Page : 332 pages
File Size : 45,8 Mb
Release : 2006-03-30
Category : Law
ISBN : 9781402035524

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Studies in Legal Logic by Jaap Hage Pdf

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 : Shahid Rahman,Matthias Armgardt,Hans Christian Nordtveit Kvernenes
Publisher : Springer Nature
Page : 432 pages
File Size : 45,7 Mb
Release : 2021-12-16
Category : Philosophy
ISBN : 9783030700843

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New Developments in Legal Reasoning and Logic by Shahid Rahman,Matthias Armgardt,Hans Christian Nordtveit Kvernenes Pdf

This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.

Author : L. Lindahl
Publisher : Springer Science & Business Media
Page : 311 pages
File Size : 50,9 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789401012027

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Position and Change by L. Lindahl Pdf

The present study which I have subtitled A Study in Law and Logic was prompted by the question of whether an investigation into law and legal systems could lead to the discovery of unrevealed fundamental patterns common to all such systems. This question was further stimulated by two interrelated problems. Firstly, could an inquiry be rooted in specifically legal matters, as distinct from the more usual writings on deontic logic? Secondly, could such inquiry yield a theory which would nevertheless embrace a strict and simple logical structure, permitting substantive conclusions in legal matters to be deduced from simple rules governing some basic concepts? Before the development of deontic logic, W. N. Hohfeld devoted his efforts to this question at the beginning of this century. However, with this exception, few jurists have studied the interrelation between law and logic projected in this way. Nevertheless, two great names are to be found, Gottfried Wilhelm Leibniz and Jeremy Bentham-both philo sophers with legal as weIl as logical training. Bentham's investigations of logical patterns in law have only recently attracted attention; and as for Leibniz, his achievements are still almost totally unexplored (his most important writings on law and logic have not even been translated from Latin). My initial interest in the question was evoked by Professor Stig Kanger. Although primarily a logician and philosopher, Stig Kanger has been interested also in the fundamentals of legal theory.

Author : Frederic R. Kellogg
Publisher : University of Chicago Press
Page : 238 pages
File Size : 54,9 Mb
Release : 2018-03-16
Category : Law
ISBN : 9780226524061

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Oliver Wendell Holmes Jr. and Legal Logic by Frederic R. Kellogg Pdf

With Oliver Wendell Holmes, Jr. and Legal Logic, Frederic R. Kellogg examines the early diaries, reading, and writings of Justice Oliver Wendell Holmes, Jr. (1841–1935) to assess his contribution to both legal logic and general logical theory. Through discussions with his mentor Chauncey Wright and others, Holmes derived his theory from Francis Bacon’s empiricism, influenced by recent English debates over logic and scientific method, and Holmes’s critical response to John Stuart Mill’s 1843 A System of Logic. Conventional legal logic tends to focus on the role of judges in deciding cases. Holmes recognized input from outside the law—the importance of the social dimension of legal and logical induction: how opposing views of “many minds” may converge. Drawing on analogies from the natural sciences, Holmes came to understand law as an extended process of inquiry into recurring problems. Rather than vagueness or contradiction in the meaning or application of rules, Holmes focused on the relation of novel or unanticipated facts to an underlying and emergent social problem. Where the meaning and extension of legal terms are disputed by opposing views and practices, it is not strictly a legal uncertainty, and it is a mistake to expect that judges alone can immediately resolve the larger issue.

Author : H. Patrick Glenn,Lionel D. Smith
Publisher : Cambridge University Press
Page : 301 pages
File Size : 46,9 Mb
Release : 2017-01-26
Category : Law
ISBN : 9781107106956

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Law and the New Logics by H. Patrick Glenn,Lionel D. Smith Pdf

This book explores relationships between law and legal reasoning, and recent developments in formal logic.

Author : H. Prakken
Publisher : Springer Science & Business Media
Page : 319 pages
File Size : 41,5 Mb
Release : 2013-04-17
Category : Philosophy
ISBN : 9789401589758

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Logical Tools for Modelling Legal Argument by H. Prakken Pdf

This book is a revised and extended version of my PhD Thesis 'Logical Tools for Modelling Legal Argument', which I defended on 14 January 1993 at the Free University Amsterdam. The first five chapters of the thesis have remained almost completely unchanged but the other chapters have undergone considerable revision and expansion. Most importantly, I have replaced the formal argument-based system of the old Chapters 6, 7 and 8 with a revised and extended system, whieh I have developed during the last three years in collaboration with Giovanni Sartor. Apart from some technical improvements, the main additions to the old system are the enriehment of its language with a nonprovability operator, and the ability to formalise reasoning about preference criteria. Moreover, the new system has a very intuitive dialectieal form, as opposed to the rather unintuitive fixed-point appearance of the old system. Another important revision is the split of the old Chapter 9 into two new chapters. The old Section 9. 1 on related research has been updated and expanded into a whole chapter, while the rest of the old chapter is now in revised form in Chapter 10. This chapter also contains two new contributions, a detailed discussion of Gordon's Pleadings Game, and a general description of a multi-Iayered overall view on the structure of argu mentation, comprising a logieal, dialectical, procedural and strategie layer. Finally, in the revised conclusion I have paid more attention to the relevance of my investigations for legal philosophy and argumentation theory.