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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Logic in Law - Remarks on Logic and Rationality in Normative Reasoning, Especially in Law (Hardcover, 1988 ed.)
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Logic in Law - Remarks on Logic and Rationality in Normative Reasoning, Especially in Law (Hardcover, 1988 ed.)
Series: Law and Philosophy Library, 6
Expected to ship within 10 - 15 working days
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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.
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