Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

In diesem Lehr- und Studienbuch wird gezeigt, in welchem Maße logische Strukturen das Rechtsdenken mitbestimmen. Dies geschieht anhand einer Darlegung der wesentlichen logischen Grundlagen und ihrer anschließenden Anwendung auf ausgewählte Beispiele auf dem Gebiet des Rechts. Das führt zu einem besseren Verständnis der juristischen Dogmatik und einer systematischen Durchdringung des jeweils relevanten Rechtsstoffes. Indem sich die Überlegungen zwischen den Disziplinen der Logik und der Rechtwissenschaft bewegen, tragen sie zu neuen Einsichten für beide Fächer bei. Behandelt werden aussagenlogische, klassenlogische, kombinatorische, modallogische, quantorenlogische, deontologische, relationenlogische, handlungslogische, syllogistische, fuzzylogische und paradoxe Strukturen des Rechts.

Law—Philosophy. --- Law. --- Theories of Law, Philosophy of Law, Legal History.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

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. .

Law --- Logic. --- Methodology. --- Argumentation --- Deduction (Logic) --- Deductive logic --- Dialectic (Logic) --- Logic, Deductive --- Intellect --- Philosophy --- Psychology --- Science --- Reasoning --- Thought and thinking --- Methodology --- Legal reasoning --- Genetic epistemology. --- Theories of Law, Philosophy of Law, Legal History. --- Epistemology. --- Developmental psychology --- Knowledge, Theory of --- Law—Philosophy. --- Law. --- Epistemology --- Theory of knowledge --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Knowledge, Theory of. --- Philosophy. --- History. --- Legal history --- History and criticism

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

During a recent visit to China to give an invited lecture on legal argumentation I was asked a question about conventional opinion in western countries. If legal r- soning is thought to be important by those both inside and outside the legal prof- sion, why does there appear to be so little attention given to the study of legal logic? This was a hard question to answer. I had to admit there were no large or well-established centers of legal logic in North America that I could recommend as places to study. Going through customs in Vancouver, the customs officer asked what I had been doing in China. I told him I had been a speaker at a conf- ence. He asked what the conference was on. I told him legal logic. He asked 1 whether there was such a thing. He was trying to be funny, but I thought he had a good point. People will question whether there is such a thing as “legal logic”, and some recent very prominent trials give the question some backing in the common opinion. But having thought over the question of why so little attention appears to be given to legal logic as a mainstream subject in western countries, I think I now have an answer. The answer is that we have been looking in the wrong place.

Law --- Information storage and retrieval systems --- Evidence (Law) --- Artificial intelligence. --- Expert systems (Computer science) --- Methodology --- Automation. --- Law. --- Knowledge-based systems (Computer science) --- Systems, Expert (Computer science) --- Artificial intelligence --- Computer systems --- Soft computing --- AI (Artificial intelligence) --- Artificial thinking --- Electronic brains --- Intellectronics --- Intelligence, Artificial --- Intelligent machines --- Machine intelligence --- Thinking, Artificial --- Bionics --- Cognitive science --- Digital computer simulation --- Electronic data processing --- Logic machines --- Machine theory --- Self-organizing systems --- Simulation methods --- Fifth generation computers --- Neural computers --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel --- Legal literature searching --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Logic. --- Philosophy of law. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Argumentation --- Deduction (Logic) --- Deductive logic --- Dialectic (Logic) --- Logic, Deductive --- Intellect --- Philosophy --- Psychology --- Science --- Reasoning --- Thought and thinking --- Law—Philosophy. --- Political science. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Philosophy. --- History. --- Legal history --- History and criticism

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2012/2013), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 1: The Law and the Right, a Reappraisal of the Reality that ought to be by Enrico Pattaro This work brings out and recovers the normative dimension of law, called "the reality that ought to be", placing within this reality the idea of what is right. Part I reconstructs the current as well as the traditional civil-law conception of the reality that ought to be and raises some critical theoretical issues. Part II introduces some basic concepts on language and behaviour and presents a conception of norms as beliefs. Part III aims to find explanations for the idea of a reality that ought to be. Part IV consists of inquiries focussed on Homeric epic, the natural-law school, and the normativistic view of positive law. .

Law --- Jurisprudence. --- Philosophy. --- Legal theory and methods. Philosophy of law --- Political science. --- Law. --- Philosophy of Law. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy, general. --- Fundamentals of Law. --- Jurisprudence --- Philosophy --- Philosophy of law. --- Philosophy (General). --- Law—Philosophy. --- Mental philosophy --- Humanities --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This book will be of interest to legal, political and other social theorists/philosophers. Unique in its topics as well as in its approach, the book takes substantial steps towards answering essential questions about political influence. It analyses the concepts of social, political and legal power with a view towards arriving at an adequate and theoretically relevant distinction between power and influence. This volume contains an extensive overview and critical assessment; explores the conceptual relationship between freedom and power; assesses the distinctions made in existing scholarship between power and influence; presents the author’s own proposal for a definition of influence as opposed to power; combines insights from political theory, legal philosophy and the general theory of norms; is densely argued, yet accessible to all interested readers without any prerequisite of special prior knowledge; is transparently structured, written in a clear style, avoiding social-scientific jargon and using ordinary language. "Exact but not exacting, this is a fine work of overview and analysis; it makes an excellent contribution to the literature on power and freedom." Philip Pettit, William Nelson Cromwell Professor of Politics, Princeton University "In this work, the author assumes the task of a ‘logical clean-up’ – an extremely valuable contribution to the promotion of scientific rigour and clarity in political scholarship." [This book] "gives the reader orientation in a conceptual jungle." [It is] "an excellent analysis of the relationships between normative and social power." Ernesto Garzón Valdés, Prof. em. of Legal Philosophy, President of The Tampere Club "A genuinely pioneering contribution insofar as the author – to my knowledge: for the first time ever – succeeds in giving a conceptually rather clear profile to a descriptive-analytic and normative understanding of the phenomenon of influence and in elucidating – again, by way of thorough and profound analysis – that this is much more than an academic glass-bead game, because our understanding of such essential normative foundations of political theory as freedom and equality is inextricably linked to the concepts of power and influence, and because this is the only way how we can come to see the fundamental obstacles to a coherent interpretation and institutional realization of the idea of the democratic Rechtsstaat." Rainer Schmalz-Bruns, Prof. of Political Theory, Darmstadt University of Technology.

Power (Social sciences) --- Power (Philosophy) --- Law --- Philosophy. --- Jurisprudence --- Authority --- Ethics --- Philosophy --- Empowerment (Social sciences) --- Political power --- Exchange theory (Sociology) --- Political science --- Social sciences --- Sociology --- Consensus (Social sciences) --- Philosophy of law. --- Consciousness. --- Philosophy of Law. --- Theories of Law, Philosophy of Law, Legal History. --- Personality and Social Psychology. --- Apperception --- Mind and body --- Perception --- Psychology --- Spirit --- Self --- Political science. --- Law—Philosophy. --- Law. --- Personality. --- Social psychology. --- Mass psychology --- Psychology, Social --- Human ecology --- Social groups --- Personal identity --- Personality psychology --- Personality theory --- Personality traits --- Personology --- Traits, Personality --- Individuality --- Persons --- Temperament --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- State, The