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This handbook addresses legal reasoning and argumentation from a
logical, philosophical and legal perspective. The main forms of
legal reasoning and argumentation are covered in an exhaustive and
critical fashion, and are analysed in connection with more general
types (and problems) of reasoning. Accordingly, the subject matter
of the handbook divides in three parts. The first one introduces
and discusses the basic concepts of practical reasoning. The second
one discusses the general structures and procedures of reasoning
and argumentation that are relevant to legal discourse. The third
one looks at their instantiations and developments of these aspects
of argumentation as they are put to work in the law, in different
areas and applications of legal reasoning.
This handbook addresses legal reasoning and argumentation from a
logical, philosophical and legal perspective. The main forms of
legal reasoning and argumentation are covered in an exhaustive and
critical fashion, and are analysed in connection with more general
types (and problems) of reasoning. Accordingly, the subject matter
of the handbook divides in three parts. The first one introduces
and discusses the basic concepts of practical reasoning. The second
one discusses the general structures and procedures of reasoning
and argumentation that are relevant to legal discourse. The third
one looks at their instantiations and developments of these aspects
of argumentation as they are put to work in the law, in different
areas and applications of legal reasoning.
The present collection represents an attempt to bring together
several contributions to the ongoing debate pertaining to
supervenience of the normative in law and morals and strives to be
the first work that addresses the topic comprehensively. It
addresses the controversies surrounding the idea of normative
supervenience and the philosophical conceptions they generated,
deserve a recapitulation, as well as a new impulse for further
development. Recently, there has been renewed interest in the
concepts of normativity and supervenience. The research on
normativity - a term introduced to the philosophical jargon by
Edmund Husserl almost one hundred years ago - gained impetus in the
1990s through the works of such philosophers as Robert Audi,
Christine Korsgaard, Robert Brandom, Paul Boghossian or Joseph Raz.
The problem of the nature and sources of normativity has been
investigated not only in morals and in relation to language, but
also in other domains, e.g. in law or in the c ontext of the
theories of rationality. Supervenience, understood as a special
kind of relation between properties and weaker than entailment, has
become analytic philosophers' favorite formal tool since 1980s. It
features in the theories pertaining to mental properties, but also
in aesthetics or the law. In recent years, the 'marriage' of
normativity and supervenience has become an object of many
philosophical theories as well as heated debates. It seems that the
conceptual apparatus of the supervenience theory makes it possible
to state precisely some claims pertaining to normativity, as well
as illuminate the problems surrounding it.
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