Law and Philosophy Library – serie
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288 produkter
288 produkter
Del 6 - Law and Philosophy Library
Logic in Law
Remarks on Logic and Rationality in Normative Reasoning, Especially in Law
Inbunden, Engelska, 1988
3 269 kr
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The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.
Inbunden, Engelska, 1989
1 490 kr
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autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.
Del 9 - Law and Philosophy Library
Moral Pluralism and Legal Neutrality
Inbunden, Engelska, 1989
1 490 kr
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lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
Inbunden, Engelska, 1989
1 490 kr
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During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work available to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on fu- length scholary monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives contribut ing to legal philosophy, besides law and philosophy, are anthropology, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institutions; legal reasoning and adjudication; epistemological issues of evidence and pro cedure; law and justice, economics, politics, or morality; legal ethics; and theories oflegal fields such as criminal law, contracts, and property.
Del 11 - Law and Philosophy Library
Law, Interpretation and Reality
Essays in Epistemology, Hermeneutics and Jurisprudence
Inbunden, Engelska, 1989
1 984 kr
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PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
Inbunden, Engelska, 1990
797 kr
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Inbunden, Engelska, 1991
1 490 kr
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It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
Del 15 - Law and Philosophy Library
Judicial Application of Law
Inbunden, Engelska, 1992
3 467 kr
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"The Judicial Application of Law" is an contribution to analytical jurisprudence. It gives an account of all that is involved in the idea of "applying" law as this is carried out by judges. Thus it explores analytically a vital idea for our understanding of legality as a value to which systems of government aspire. This is achieved by the construction and examination of models of the various steps involved in judicial decision making, including elements both of interpretation and of fact finding, and by the exploration of various possible ideologies of the application of law. The book takes as its main material for analysis statute-based legal systems in the form these took within socialist legal systems prior to the recent revolutions, being based principally on the law of Poland up to 1989.
Inbunden, Engelska, 1992
1 490 kr
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"Critical Studies in Private Law" discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.
Del 17 - Law and Philosophy Library
Hart's Legal Philosophy
An Examination
Inbunden, Engelska, 1992
1 984 kr
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This work presents, interprets and largely defends the legal philosophy of H.L.A. Hart, except for his account of causation. Hart is considered by many persons to be the most important English writer on jurisprudence in the 20th century. The book considers his general theory of law, his theory of rights and of the enforcement of morality, and his analysis of the conditions of legal responsibility and the justification of punishment.
Inbunden, Engelska, 1993
1 082 kr
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Law is traditionally conceived as consisting of norms of conduct and power-conferring norms. This conception, however, is unable to account for a variety of elements of modern legal systems that differ significantly from the classical notions. This book concerns the problem of which results of human activity can obtain legal validity. The author makes use of recent findings in speech act theory, especially John R. Searle and Daniel Vanderveken's illocutionary logic. The work sets out a theory of legal norms conceived as institutional legal facts resulting from performances of speech acts specified in power-conferring norms. The theory provides a classification of acts-in-the-law and of legal norms resulting from performances of these. Finally, the transition is made from institutional legal facts to legal institutions. The book is a contribution to the institutional theory of law as developed by N. MacCormick and O. Weinberger.
Del 19 - Law and Philosophy Library
On Criminalization
An Essay in the Philosophy of Criminal Law
Inbunden, Engelska, 1994
1 490 kr
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When thinking about justified criminalization, whether some action may morally be made a criminal offence, philosophers tend to rely upon "balancing". Arguments favouring and opposing criminalization are "weighed" on a simple beam balance; the "weightier" reasons prevail. Jonathan Schonsheck argues that this methodology is deeply flawed; among other infirmities, it fosters the neglect of items essential to a defensible decision. He urges the adoption of "filtering", a multi-step procedure which directs one to discuss the moral authority of the state, to consider measures less coercive than a criminal statute, and to investigate the pragmatic consequences of criminalization. This procedure, he argues, imposes a structure on disputes which facilitates philosophical progress. "Filtering" is then applied to an array of public policy issues, including laws which require the use of automobile seat belts and motorcycle helmets, and laws which prohibit the use of certain psychoactive substances ("drugs"). Additionally, the book addresses a number of more theoretical issues in the philosophy of the criminal law. Throughout, it engages the work of leading philosophers: Derek Parfit, Cass R.Sunstein, Richard J. Arneson, and especially Joel Feinberg. There is a special price for course adoption when ordering 6 copies or more.
Inbunden, Engelska, 1994
2 165 kr
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Adam Smith and the Philosophy of Law and Economics is a unique book. Malloy and Evensky bring together a team of international and interdisciplinary scholars to address the work of Adam Smith as it relates to law and economics. In addition to their own contributions, the book includes works by Dr. John W. Cairns of the University of Edinburgh, Dr. J. Ralph Lindgren of Lehigh University, Professor Kenneth A.B. Mackinnon of the University of Waikato, and the Honorable Richard A. Posner of the United States Circuit Court of Appeals. Together these authors bring expertise from the areas of law, philosophy, history, economics, and law and economics to a new study of Adam Smith and his work. Part One of the book presents new and important observations on Smith's views on community, ethics, the court system, criminal law, and delictual or tort law liability. In this part of the book Smith's work is also examined from the perspective of his use as persuasive authority in the works of modern legal economists. In Part Two the 'living Smith' is explored by way of a debate between two major contributors in the field of law and economics.The debate and its analysis create a unique and contemporary opportunity to study Smith as a foundational source in the midst of a current academic and social policy dispute. The understanding of Adam Smith that emerges from this book is new and complex. It will challenge the one-dimensional portrayals of Smith as a promoter of self-interest and it will correct many of the misinterpretations of Smith that are currently fashionable in the worlds of law and economics and the philosophy of law.
Del 22 - Law and Philosophy Library
Opposite Mirrors
An Essay on the Conventionalist Theory of Institutions
Inbunden, Engelska, 1995
995 kr
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How do social institutions exist? How do they direct our conduct? This work defends the thesis that the existence of institutions is a conventional matter. Ultimately they exist because we believe in their existence and because they play a role in our practical reasoning. Human action necessarily has an unpredictable aspect and human institutions perform an important task by reducing uncertainty in our interactions. The author applies this thesis to the most important institutions: the law and the monetary system. In his analysis he connects many traditional topics of the philosophy of law, social philosophy and the philosophy of social sciences. He discusses the nature of rules, authority, and power and analyzes the Hobbesian presuppositions which have been dominant in legal theory and in the economic analyses of the state. This book is written for legal theorists as well as for political and social philosophers and theoretically oriented social scientists.
Del 20 - Law and Philosophy Library
Adam Smith and the Philosophy of Law and Economics
Häftad, Engelska, 1995
1 114 kr
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This work brings together a team of international and interdisciplinary scholars to address the work of Adam Smith as it relates to law and economics. In addition to their own contributions, the book includes works by Dr John W. Cairns of the University of Edinburgh, Dr J. Ralph Lindgren of Lehigh University, Professor Kenneth A.B. Mackinnon of the University of Waikato and the Honorable Richard A. Posner of the United States Circuit Court of Appeals. Together, these authors bring expertise from the areas of law, philosophy, history, economics and law and economics to a study of Adam Smith and his work. Part One of the book presents new observations on Smith's views on community, ethics, the court system, criminal law and delictual or tort law liability. In this part of the book, Smith's work is also examined from the perspective of his use as persuasive authority in the works of modern legal economists. In Part Two the "living Smith" is explored by way of a debate between two major contributors in the field of law and economics.The debate and its analysis create a contemporary opportunity to study Smith as a foundational source in the midst of a current academic and social policy dispute. This work should challenge the one-dimensional portrayals of Smith as a promoter of self-interest and should correct many of the misinterpretations of Smith that are fashionable in the worlds of law and economics and the philosophy of law.
Del 21 - Law and Philosophy Library
Informatics and the Foundations of Legal Reasoning
Inbunden, Engelska, 1995
1 984 kr
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This volume represents a collaboration between a wide range of disciplines and countries. 14 papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an international working group supported by the European Commission. The group was mandated to work towards determining how far the law is amenable to formal modelling, and in what ways computers might assist legal thinking and practice. The book is the result of discussions held by the group over two and half years. It should help students and researchers from different backgrounds to focus on a common set of topics of increasing general interest. It embodies the results of work in progress and suggests many issues for further discussion. This should be a useful text for undergraduate and graduate courses in law, philosophy and computer science departments, as well as for those interested in the place of computers in legal practice, especially at the international level.
Inbunden, Engelska, 1995
1 619 kr
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The game-theoretic analysis of rights forms a rapidly growing field of study to which this book contributes. Van Hees combines the game-theoretic approach with the results and tools from logic, in particular from the logic of norms. The resulting synthesis between logic and game theory provides a firm foundation for the game-theoretic approach. The analysis shows how different types of right are related to the strategic opportunities of individuals and of groups of individuals. Furthermore, the book contributes to the theory of liberalism, in particular to the study of the so-called "liberal paradoxes". It demonstrates how the paradoxes resurface in the new decision-theoretic framework. In fact, they not only do so at the level of "ordinary" decision making, but also at the level of constitutional decision making.
Del 24 - Law and Philosophy Library
`Discovery' in Legal Decision-Making
Inbunden, Engelska, 1996
995 kr
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This text deals with a problem central to the legal profession: what is the nature of discovery in legal decision-making? It begins by identifying fundamental problems about the nature of discovery, expression and introspection that emerge in the work of legal theorists and psychologists who have a reflective interest in the discovery process. Related problems are raised in analyses of the spontaneous efforts of an arbitrator and a judge to solve legal problems. The work of the Canadian philosopher and theologian, Bernard Lonergan, on "insight" in non-legal fields is brought to bear on the problem. A plausible interpretation of various facets of discovery is provided. In fact, the author offers a new context in which to examine discovery, expression, and justification. This is the first book to focus primarily on the discovery process in legal reasoning.
Inbunden, Engelska, 1996
995 kr
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Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. The main contention of the book relates to the insufficiencies of the legal positivistic approach. Some of its claims are that we must sharply separate what the law is from, what the law ought to be, and that we can know what the law is without appealing to meta-legal considerations. These and other claims are criticized. The author shows that with the legal positivistic approach we cannot know, in all cases, what the law is, if that is equated to the rules posited by the legislator. He also challenges H.L.A. Hart's and MacCormick's points of view, amongst others, about the characteristic corner stones of legal positivism. Some other issues relate to human rights, legal rationality and efficiency and ethics. This book will be of interest to philosophers concerned with law or ethics, those concerned with justice in modern society and to jurists and law students.
Inbunden, Engelska, 1996
995 kr
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The Tapestry of the Law brings together a study of a particular legal system - that of Scotland - with a number of (mainly contemporary) theories of or about law. Rather than endorsing any one legal theory, it ends with some tentative conclusions about legal theory itself. It is written for all those interested in the law, whether in the academic context, as practitioners of law or politics, or from the lay point of view, but primarily with students in mind. At this level, chapters II to VI provide an information base for those embarking on courses in comparative law or politics, whilst the whole, and especially the later chapters, will offer most to those who already have some grounding in the issues with which jurisprudence is concerned.
Del 27 - Law and Philosophy Library
Reasoning with Rules
An Essay on Legal Reasoning and Its Underlying Logic
Inbunden, Engelska, 1996
1 984 kr
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Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
Del 28 - Law and Philosophy Library
Richness of Contract Law
An Analysis and Critique of Contemporary Theories of Contract Law
Inbunden, Engelska, 1996
1 490 kr
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This text compiles and evaluates theories of contract law. The author offers his own practical perspective that emphasizes contract law's complexity and questions the utility of abstract unitary theories. The text should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory. Each chapter presents a pair of contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical and relational.
Inbunden, Engelska, 1997
1 687 kr
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This text contains 15 essays which together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. The author provides a critical perspective both on his own theory and on alternative theories from which he borrows, or that he rejects. These essays identify the problems any adequate theory of rights must solve, describe the more plausible solutions and weigh the merits of each. They should be of interest to any reader concerned with legal theory, moral philosophy or any branch of applied ethics or social policy.
Inbunden, Engelska, 1997
995 kr
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To a certain extent, this book is a translation of Recht, verhaal en werke- lijkheid, published by Coutinho (Bussum, 1993). Chapters 1, 5 and 9, however, differ considerably from the original. At the basis of the Dutch book were arguments already submitted in 'Narrative coherence in legal contexts', in C. Faralli and E. Pattaro (eds.), Reason in Law, vol. III., Milano, A. Giuffre Editore, 1988, pp. 159-170; 'Justice, Rights, and Hu- man Dignity', in The Windsor Yearbook of Access to Justice, 7, 1987, pp. 46-65; 'Narrative coherence and the guises of legalism', in P. Nerhot (ed.), Law, Interpretation and Reality, Dordrecht - Boston, Kluwer Aca- demic Publishers, 1990, pp. 310-345; 'The Instituting of Brute Facts', in The International Journal for the Semiotics of Law / Revue internationale de semiotique juridique, 4, 1991, pp. 279-308. For chapters 1 and 9 I used the following materials: 'Law is narrative, not literature', in W.l. Witte- veen (ed.), Law, Rhetoric and Literature (Special Issue of the Dutch Jour- nal for Legal Philosophy and Legal Theory), 23, No.3, 1994, Zwolle, Tjeenk Willink, 1994, pp. 221-227 (with a response by R. Weisberg, pp.228-229); and 'Seeing Places: On Prepositions in Law', The International Journal for the Semiotics of Law / Revue internationale de semiotique juridique, 6, 1993, pp. 249-270. Chapter 5 was rewritten on the basis of 'The Instituting of Brute Facts'.
Del 31 - Law and Philosophy Library
Kantianism, Postmodernism and Critical Legal Thought
Inbunden, Engelska, 1997
1 490 kr
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This text presents a challenging alternative theory of legal philosophy. The central thesis of the book suggests an accommodation between three of the most influential contemporary theories of law, Kantianism, postmodernism and critical legal thought. In doing so, it further suggests that the often perceived distance between these theories of law disguises a common intellectual foundation. This foundation lies in the work of Immanuel Kant. The book presents an intellectual history of critical legal thinking, beginning with Kant, and then proceeding through philosphers and legal theorists as diverse as Heidegger and Arendt, Foucault and Derrida, Rorty and Rawls, and Unger and Dworkin. Ultimately, it suggests that each of these philosophers is writing within a common intellectual tradition, and that by concentrating on the commonality of this tradition, contemporary legal theory can better appreciate the reconstructive potential of the critical legal project.
Del 32 - Law and Philosophy Library
Logical Tools for Modelling Legal Argument
A Study of Defeasible Reasoning in Law
Inbunden, Engelska, 1997
1 984 kr
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This book, the expanded and completely revised text of the author's 1993 dissertation, studies the logical aspects of legal reasoning, in order to provide philosophical foundations for legal applications of artificial intelligence. It respects that legal reasoning often takes place in a disputational setting, and observes that the law leaves ample room for disagreement, which means that lawyers reason under the possibility of exceptions and with contradictory legal sources, and cannot do without non-deductive reasoning forms, such as analogical reasoning. The study shows that, contrary to what is often said, these features do not escape a logical analysis if recent developments in logic and artificial intelligence on non-monotonic reasoning and defeasible argumentation are used, and if logic is regarded as a tool in, rather than as a model of, legal argument. This book should be relevant for scholars in legal philosophy, artificial intelligence, logic and argumentation theory, and can also serve as a textbook for graduate courses in Artifical Intelligence and Law, non-monotonic reasoning and legal argumentation.
Del 33 - Law and Philosophy Library
Autonomy, Authority and Moral Responsibility
Inbunden, Engelska, 1997
1 082 kr
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This text offers a model for understanding autonomy in the context of the practical uses of this concept for applied ethics and political philosophy, and in particular for our understanding of moral responsibility. The first half of the book develops a concept of autonomy understood in terms of the Aristotelian notion of "helmsmanship", and argues that autonomy must be understood in these terms if it is to serve a useful role for practical issues in applied ethics. The second half delves into our understanding of autonomy and its relationship to various forms of authority, especially law. Along the way, it explores the threat which a variety of forms of obligation might or might not pose to autonomy, and offers a model for understanding the limits which must be placed on authority if it is to remain consistent with autonomy.
Del 34 - Law and Philosophy Library
Theory of Legal Sentences
Inbunden, Engelska, 1997
995 kr
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Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. This text presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a three-fold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Inbunden, Engelska, 1998
1 984 kr
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This volume argues against the dominant "republican" trend in legal and democratic theory that sees law as the prime vessel of political action, means of empowerment of civil society and guarantor of democratic politics. Against theorists as diverse as Dworkin, Habermas, Unger, Ackerman and others it argues that the law cannot, as these theorists would have it, contain the politics of civil society and exhaust what these politics are about. The first part of the book explores the recent trends in legal and political theory that suggest the internal linking of democracy and law. The second part is a critique of these positions through an application of systems theory, but one that offers an internal critique of systems theory itself as well as a study of the inter-relationships between law, politics and conflict. The final part advances a suggestion for a definition, or re-conceptualization, of the political as "reflexive", that will re-politicize law's rendering of conflict, political action and identity. What is "stilled" by the law here becomes contested terrain again and, as such, political.
Del 36 - Law and Philosophy Library
Extending Deontic Logic for the Formalisation of Legal Rules
Inbunden, Engelska, 1998
1 588 kr
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This book is an adaptation of my PhD thesis Representing L3gVI Rules in Deontic Logic [Royakkers, 1996]. The main alterations are: * The addition of chapter 2 concerning the semantics of deontic logic based on valua- tions. In this chapter I extend the Beth tableau method, which is originally developed for the propositional calculus, to also be applicable for deontic logic. For those who are not familiar with deontic logic or with the axiomatic deduction, this method is a useful tool to check whether a formula is valid or not. * The addition of the notion of commitment in chapter 5, and the notion of weak and strong permission in chapter 7. * The omission of the chapter concerning defeasible deontic logic, of which a revised version is published in [Nute, 1997]. * Chapter 6 has been revised rather thoroughly. Here I introduce the logic of enact- ment based on epistemic logic and local reasoning to express normative inconsis- tencies in a consistent way. I wish to thank John-Jules Meyer, Giovanni Sartor and Marek Sergot for their suggestions and criticisms of my PhD thesis, which have improved this book. Heleen Neggers and Jan Draisma deserve credit for the layout.Special thanks go to Frank Dignum for his continuous support and inspiring sugges- tions. v Contents 1 Introduction 1 1.1 Logic and law...1 ...1.2 Conflicting speed limits ...3 . .