Legal reasoning. Past and present interactions
Type de document :
Direction d'ouvrage
URL permanente :
Titre :
Legal reasoning. Past and present interactions
Auteur(s) :
Chassagnard-Pinet, Sandrine [Auteur]
Centre de recherche Droits et perspectives du droit - ULR 4487 [CRDP]
Centre de Recherche Droits et Perspectives du droit (CRDP) - ULR 4487
Armgardt, Matthias [Auteur]
Universität Konstanz
Canivez, Patrice [Auteur]
Savoirs, Textes, Langage (STL) - UMR 8163 [STL]
Savoirs, Textes, Langage (STL) - UMR 8163
Centre de recherche Droits et perspectives du droit - ULR 4487 [CRDP]
Centre de Recherche Droits et Perspectives du droit (CRDP) - ULR 4487
Armgardt, Matthias [Auteur]
Universität Konstanz
Canivez, Patrice [Auteur]
Savoirs, Textes, Langage (STL) - UMR 8163 [STL]
Savoirs, Textes, Langage (STL) - UMR 8163
Éditeur :
Springer
Date de publication :
2015
ISBN :
978-3-319-16021-4
Discipline(s) HAL :
Sciences de l'Homme et Société/Droit
Résumé en anglais : [en]
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, ...
Lire la suite >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.Lire moins >
Lire la suite >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.Lire moins >
Langue :
Anglais
Audience :
Non spécifiée
Projet ANR :
Établissement(s) :
Université de Lille
Équipe(s) de recherche :
L’Équipe René Demogue
Date de dépôt :
2018-12-26T10:08:42Z
2020-09-15T15:25:13Z
2020-09-15T15:25:13Z