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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.
Legal theory, political sciences, sociology, philosophy, logic,
artificial intelligence: there are many approaches to legal
argumentation. Each of them provides specific insights into highly
complex phenomena. Different disciplines, but also different
traditions in disciplines (e.g. analytical and continental
traditions in philosophy) find here a rare occasion to meet. The
present book contains contributions, both historical and thematic,
from leading researchers in several of the most important
approaches to legal rationality. One of the main issues is the
relation between logic and law: the way logic is actually used in
law, but also the way logic can make law explicit. An outstanding
group of philosophers, logicians and jurists try to meet this
issue. The book is more than a collection of papers. However
different their respective conceptual tools may be, the authors
share a common conception: legal argumentation is a specific
argumentation context.
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