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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, Jørgensen´s Dilemma, the Rhetor´s 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 Leibniz´s legal theory. The
third part, finally, is dedicated to current interactions between
law and logic.
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.
This book intends to unite studies in different fields related to
the development of the relations between logic, law and legal
reasoning. Combining historical and philosophical studies on legal
reasoning in Civil and Common Law, and on the often neglected
Arabic and Talmudic traditions of jurisprudence, this project
unites these areas with recent technical developments in computer
science. This combination has resulted in renewed interest in
deontic logic and logic of norms that stems from the interaction
between artificial intelligence and law and their applications to
these areas of logic. The book also aims to motivate and launch a
more intense interaction between the historical and philosophical
work of Arabic, Talmudic and European jurisprudence. The
publication discusses new insights in the interaction between logic
and law, and more precisely the study of different answers to the
question: what role does logic play in legal reasoning? Varying
perspectives include that of foundational studies (such as logical
principles and frameworks) to applications, and historical
perspectives.
This book intends to unite studies in different fields related to
the development of the relations between logic, law and legal
reasoning. Combining historical and philosophical studies on legal
reasoning in Civil and Common Law, and on the often neglected
Arabic and Talmudic traditions of jurisprudence, this project
unites these areas with recent technical developments in computer
science. This combination has resulted in renewed interest in
deontic logic and logic of norms that stems from the interaction
between artificial intelligence and law and their applications to
these areas of logic. The book also aims to motivate and launch a
more intense interaction between the historical and philosophical
work of Arabic, Talmudic and European jurisprudence. The
publication discusses new insights in the interaction between logic
and law, and more precisely the study of different answers to the
question: what role does logic play in legal reasoning? Varying
perspectives include that of foundational studies (such as logical
principles and frameworks) to applications, and historical
perspectives.
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