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Author: Authors Of The Legal Fraternity
Publisher: Highbrow Phantom Publishing House
Published: 2022-09-27
Total Pages: 154
ISBN-13: 8195326501
DOWNLOAD EBOOK →An analogy of legal views and legal intellect, a body of work brought to you from legal experts with countless years of experience combined.
Author: P.J. Nerhot
Publisher: Springer Science & Business Media
Published: 2012-12-06
Total Pages: 266
ISBN-13: 9401132607
DOWNLOAD EBOOK →3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.
Author: Lloyd L. Weinreb
Publisher:
Published: 2005
Total Pages: 184
ISBN-13: 9781107141223
DOWNLOAD EBOOK →Legal Reason describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner and others, which regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. It shows that analogical reasoning in the law is the same as the reasoning used by all of us routinely in everyday life and that it is a valid form of reasoning derived from the innate human capacity to recognize the general in the particular, on which thought itself depends. The use of analogical reasoning is dictated by the nature of law, which requires the application of rules to particular facts. Written for scholars as well as students and persons generally who are interested in law, Legal Reason is written in clear, accessible prose, with many examples drawn from the law and from everyday experience.
Author: P. J. Nerhot
Publisher:
Published: 1990-12-31
Total Pages: 256
ISBN-13: 9789401132619
DOWNLOAD EBOOK →Author: Z. Bankowski
Publisher: Springer
Published: 1995-04-30
Total Pages: 376
ISBN-13: 0792334558
DOWNLOAD EBOOK →Informatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries. Fourteen 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 modeling, 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 will 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. A stimulating 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.
Author: Fernando Lusa Bordin
Publisher: Cambridge University Press
Published: 2018-11-22
Total Pages: 299
ISBN-13: 110715555X
DOWNLOAD EBOOK →Discusses how an analogy between States and international organizations has influenced the development of international law.
Author: Hendrik Kaptein
Publisher:
Published: 2018
Total Pages: 0
ISBN-13: 9789462985902
DOWNLOAD EBOOK →This book brings together contributions from leading figures in legal studies on analogy and related forms of reasoning in the law. Analogical reasoning-which relies on the concept of two different things being in some way like each other-is hugely important not just in the practice of law, but it is nonetheless strongly contested. This volume raises key questions like: What is the logical, argumentative, rhetorical, or just heuristic force of analogy in law? Is analogy really different from extensive interpretation, reasoning by precedent and appeal to paradigm?
Author: Larry Alexander
Publisher: Cambridge University Press
Published: 2008-06-16
Total Pages: 254
ISBN-13: 113947247X
DOWNLOAD EBOOK →Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
Author: Giorgio Bongiovanni
Publisher: Springer
Published: 2018-07-02
Total Pages: 764
ISBN-13: 9048194520
DOWNLOAD EBOOK →This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
Author: Ajit Narayanan
Publisher: Intellect Books
Published: 1998
Total Pages: 0
ISBN-13: 9781871516593
DOWNLOAD EBOOK →This text examines the interaction between the disciplines of law, computer science and artificial intelligence. The chapters are grouped into theory, implications and applications sections, in an attempt to identify separate, but interrelated methodological stances
