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The law of tracing is a complex subject which has struggled to find
a home in works on property, equity, commercial law and
restitution. Broadly speaking, it addresses the question of when
rights held in an asset can be asserted in another asset despite
changes in form or attempts to 'launder' the initial asset.
Properly understood this area of study is composed of several
distinct topics. This book explores all the areas covered by the
law of tracing in a degree of detail not previously reached in more
general works.
This book is unique in presenting an interdisciplinary conversation
between jurists and logicians. It brings together scholars from
both law and philosophy, and looks at the application of 'the new
logics' to law and legal ordering, in a number of legal systems.
The first Part explores the ways in which the new logics shed light
on the functioning of legal orders, including the structure of
legal argumentation and the rules of evidence. The second addresses
how non-classical logics can help us to understand the interactions
between multiple legal orders, in a range of contexts including
domestic and international law. The final Part examines particular
issues in the applicability of non-classical logics to legal
reasoning. This book will be of interest to jurisprudence and logic
scholars and students who want to deepen their understanding of
relationships between law and legal reasoning, and learn about
recent developments in formal logic.
This book is unique in presenting an interdisciplinary conversation
between jurists and logicians. It brings together scholars from
both law and philosophy, and looks at the application of 'the new
logics' to law and legal ordering, in a number of legal systems.
The first Part explores the ways in which the new logics shed light
on the functioning of legal orders, including the structure of
legal argumentation and the rules of evidence. The second addresses
how non-classical logics can help us to understand the interactions
between multiple legal orders, in a range of contexts including
domestic and international law. The final Part examines particular
issues in the applicability of non-classical logics to legal
reasoning. This book will be of interest to jurisprudence and logic
scholars and students who want to deepen their understanding of
relationships between law and legal reasoning, and learn about
recent developments in formal logic.
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