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Past and Present Interactions in Legal Reasoning and Logic (Hardcover, 2015 ed.)
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Past and Present Interactions in Legal Reasoning and Logic (Hardcover, 2015 ed.)
Series: Logic, Argumentation & Reasoning, 7
Expected to ship within 10 - 15 working days
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This volume explores the relation between legal reasoning and logic
from both a historical and a systematic perspective. The topics
addressed include, among others, conditional legal acts,
disjunctions in legal acts, presumptions and conjectures, conflicts
of values, Jorgensens Dilemma, the Rhetors Dilemma, the theory of
legal fictions and the categorization of contracts. The unifying
problematic of these contributions concerns the conditional
structures and, more particularly, the relationship between legal
theory and legal reasoning in the context of conditions. The
contributions in this work constitute the first results of the
ANR-DFG joint research project "JuriLog" (Jurisprudence and Logic),
which aims at fostering the cooperation between legal scholars and
philosophers. On the one hand, lawyers and legal scholars have an
interest in emphasizing the logical character of legal reasoning.
In this respect, the present enquiry examines the question of how
logic, especially newer forms of dialogical logic, can be made
fruitful as a significant area of philosophy for jurisprudence and
legal practice. On the other hand, logicians find in legal
reasoning a striving towards clear definitions and
inference-procedures that is relevant to their discipline. In order
to fully understand such reciprocal relationships, it is necessary
to bridge the gap between law, logic and philosophy in contemporary
academic research. The essays collected in this volume all work
towards this common goal. The book is divided in three sections. In
the first part, the strong relation between Roman Law and logic is
explored with respect to the analysis of disjunctive statements in
legal acts. The second part focuses on Leibnizs legal theory. The
third part, finally, is dedicated to current interactions between
law and logic.
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