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Law and Logic - A Critical Account of Legal Argument (Paperback, 1972 ed.)
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Law and Logic - A Critical Account of Legal Argument (Paperback, 1972 ed.)
Series: LEP Library of Exact Philosophy, 8
Expected to ship within 12 - 17 working days
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This book has two related aims: to investigate the frequently
voiced claim that legal argument is nonformal in nature and, within
the limits of such an investigation, to ascertain the most general
proper ties of law as a rational system. Examination of a number of
views of legal argument, selected from recent discussions in
Germany, Belgium, and the English-speaking countries, will lead to
the follow ing main conclusions. The nonformalistic conceptions of
the logic of legal argument are ambiguous and unclear. Moreover,
insofar as these conceptions are capable of clarification in the
light of recent analytical methodology, they can be seen to be
either mistaken or else compatible with the formalistic position.
Because law is socially directive and coordinative, it is dependent
upon theoretical psycho sociology and calls, in principle, for a
deontic and inductive logic. The primary function of legal argument
is to provide continuing reinterpretation and confirmation of legal
rules, conceived as theo retical prescriptions. On the basis of
this conception, the old juris prudential conflict between
formalism and rule-scepticism appears substantially resolved.
Aristotle, the founder of the theory of argument, conceived it as
"the science of establishing conclusions" (bnO'l; fl'YJ &no e
"u, ), designed to guide people in rational argumentation. In time,
how ever, logic forsook its practical function and developed as a
highly abstract and disinterested study, today called "formal
logic"; and the theory of practical argument was either neglected
or relegated to an appendix to rhetoric."
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