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Reasoning with Rules - An Essay on Legal Reasoning and Its Underlying Logic (Paperback, Softcover reprint of hardcover 1st ed. 1997)
Loot Price: R5,851
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Reasoning with Rules - An Essay on Legal Reasoning and Its Underlying Logic (Paperback, Softcover reprint of hardcover 1st ed. 1997)
Series: Law and Philosophy Library, 27
Expected to ship within 10 - 15 working days
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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.
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