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Reasoning with Rules - An Essay on Legal Reasoning and Its Underlying Logic (Hardcover, 1997 ed.): Jaap Hage Reasoning with Rules - An Essay on Legal Reasoning and Its Underlying Logic (Hardcover, 1997 ed.)
Jaap Hage
R6,313 Discovery Miles 63 130 Ships in 12 - 17 working days

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.

Studies in Legal Logic (Hardcover, 2005 ed.): Jaap Hage Studies in Legal Logic (Hardcover, 2005 ed.)
Jaap Hage
R5,395 R4,620 Discovery Miles 46 200 Save R775 (14%) Ships in 12 - 17 working days

Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the authora (TM)s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their original versions. The emphasis is on analysis, not on logical technicalities.

Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules. Moreover, it contains a new, simplified and yet more powerful version of Reason-based Logic and extensive examples of how it can be used for the analysis of legal reasoning. The examples deal with legal theory construction, case-based reasoning, and judicial proof.

Studies in Legal Logic is primarily intended for researchers and students in the fields of analytical jurisprudence and artificial intelligence and law. It should also be of interest for readers interested in the philosophy of logic and epistemology.

Legal Validity and Soft Law (Hardcover, 1st ed. 2018): Pauline Westerman, Jaap Hage, Stephan Kirste, Anne Ruth Mackor Legal Validity and Soft Law (Hardcover, 1st ed. 2018)
Pauline Westerman, Jaap Hage, Stephan Kirste, Anne Ruth Mackor
R3,419 R2,054 Discovery Miles 20 540 Save R1,365 (40%) Ships in 12 - 17 working days

This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Who does What? On the Allocation of Regulatory Competences in European Private Law (Paperback): Bram Akkermans, Jaap Hage,... Who does What? On the Allocation of Regulatory Competences in European Private Law (Paperback)
Bram Akkermans, Jaap Hage, Nicole Kornet, Jan Smits; Contributions by Bram Akkermans, …
R2,252 Discovery Miles 22 520 Ships in 12 - 17 working days

As the European Union (EU) matures, there is an increasing debate, partly fuelled by fierce national criticism offered by Eurosceptic politicians, partly initiated by the EU institutions themselves, on the way in which the EU has developed and what the EU must look like in the future. This debate includes a discussion on one of the core aspects of European integration: at which level should the rules be set and who decides where the authority to do so should lie? Private law has an important role to play in this discussion. Many private law rules touch on the core of the internal market as they serve to foster trade or to offer protection to market participants, such as consumers.In 2011, the Maastricht European Private Law Institute (M-EPLI) was founded. M-EPLI researchers combine European Private Law scholarship in the fields of contract, property, commercial and procedural law as well as legal theory. In this book M-EPLI fellows present perspectives on the allocation of competences in European Private Law. This includes both general perspectives and criteria on the basis of which to decide who does what in European Private Law, but also specific perspectives relating to the various fields M-EPLI's researchers cover. All contributions share a common approach in which each author or team of authors addresses the same two questions: (i) What are the criteria to decide upon the ideal design of their field of law for the EU?; (ii) Who should set the rules: what is in the author(s) view the optimal mix of national and European producers of legal norms?

Law and Mind - A Survey of Law and the Cognitive Sciences (Hardcover): Bartosz Brozek, Jaap Hage, Nicole Vincent Law and Mind - A Survey of Law and the Cognitive Sciences (Hardcover)
Bartosz Brozek, Jaap Hage, Nicole Vincent
R3,282 Discovery Miles 32 820 Ships in 12 - 17 working days

Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.

Studies in Legal Logic (Paperback, Softcover reprint of hardcover 1st ed. 2005): Jaap Hage Studies in Legal Logic (Paperback, Softcover reprint of hardcover 1st ed. 2005)
Jaap Hage
R4,314 Discovery Miles 43 140 Out of stock

Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the author s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their original versions. The emphasis is on analysis, not on logical technicalities.

Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules. Moreover, it contains a new, simplified and yet more powerful version of Reason-based Logic and extensive examples of how it can be used for the analysis of legal reasoning. The examples deal with legal theory construction, case-based reasoning, and judicial proof.

Studies in Legal Logic is primarily intended for researchers and students in the fields of analytical jurisprudence and artificial intelligence and law. It should also be of interest for readers interested in the philosophy of logic and epistemology.

Reasoning with Rules - An Essay on Legal Reasoning and Its Underlying Logic (Paperback, Softcover reprint of hardcover 1st ed.... Reasoning with Rules - An Essay on Legal Reasoning and Its Underlying Logic (Paperback, Softcover reprint of hardcover 1st ed. 1997)
Jaap Hage
R5,509 Discovery Miles 55 090 Out of stock

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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