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This book presents the current state of the art regarding the
application of logical tools to the problems of theory and practice
of lawmaking. It shows how contemporary logic may be useful in the
analysis of legislation, legislative drafting and legal reasoning
concerning different contexts of law making. Elaborations of the
process of law making have variously emphasised its political,
social or economic aspects. Yet despite strong interest in logical
analyses of law, questions remains about the role of logical tools
in law making. This volume attempts to bridge that gap, or at least
to narrow it, drawing together some important research problems-and
some possible solutions-as seen through the work of leading
contemporary academics. The volume encompasses 20 chapters written
by authors from 16 countries and it presents diversified views on
the understanding of logic (from strict mathematical approaches to
the informal, argumentative ones) and differentiated choices
concerning the aspects of law making taken into account. The book
presents a broad set of perspectives, insights and results into the
emerging field of research devoted to the logical analysis of the
area of creation of law. How does logic inform lawmaking? Are legal
systems consistent and complete? How can legal rules be represented
by means of formal calculi and visualization techniques? Does the
structure of statutes or of legal systems resemble the structure of
deductive systems? What are the logical relations between the basic
concepts of jurisprudence that constitute the system of law? How
are theories of legal interpretation relevant to the process of
legislation? How might the statutory text be analysed by means of
contemporary computer programs? These and other questions, ranging
from the theoretical to the immediately practical, are addressed in
this definitive collection.
This book presents the current state of the art regarding the
application of logical tools to the problems of theory and practice
of lawmaking. It shows how contemporary logic may be useful in the
analysis of legislation, legislative drafting and legal reasoning
concerning different contexts of law making. Elaborations of the
process of law making have variously emphasised its political,
social or economic aspects. Yet despite strong interest in logical
analyses of law, questions remains about the role of logical tools
in law making. This volume attempts to bridge that gap, or at least
to narrow it, drawing together some important research problems-and
some possible solutions-as seen through the work of leading
contemporary academics. The volume encompasses 20 chapters written
by authors from 16 countries and it presents diversified views on
the understanding of logic (from strict mathematical approaches to
the informal, argumentative ones) and differentiated choices
concerning the aspects of law making taken into account. The book
presents a broad set of perspectives, insights and results into the
emerging field of research devoted to the logical analysis of the
area of creation of law. How does logic inform lawmaking? Are legal
systems consistent and complete? How can legal rules be represented
by means of formal calculi and visualization techniques? Does the
structure of statutes or of legal systems resemble the structure of
deductive systems? What are the logical relations between the basic
concepts of jurisprudence that constitute the system of law? How
are theories of legal interpretation relevant to the process of
legislation? How might the statutory text be analysed by means of
contemporary computer programs? These and other questions, ranging
from the theoretical to the immediately practical, are addressed in
this definitive collection.
This book focuses on the problems of rules, rule-following and
normativity as discussed within the areas of analytic philosophy,
linguistics, logic and legal theory. Divided into four parts, the
volume covers topics in general analytic philosophy, analytic legal
theory, legal interpretation and argumentation, logic as well as
AI& Law area of research. It discusses, inter alia,
"Kripkenstein's" sceptical argument against rule-following and
normativity of meaning, the role of neuroscience in explaining the
phenomenon of normativity, conventionalism in philosophy of law,
normativity of rules of interpretation, some formal approaches
towards rules and normativity as well as the problem of
defeasibility of rules. The aim of the book is to provide an
interdisciplinary approach to an inquiry into the questions
concerning rules, rule-following and normativity.
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