Approaches to Legal Rationality

ISBN-13: 9789400733756 / Angielski / Miękka / 2012 / 422 str.

Dov M. Gabbay;Patrice Canivez;Shahid Rahman

Opis

Approaches to Legal Rationality explores the most pertinent approaches to rationality in a legal context, and grapples with the relationship between logic and law. More than a collection of papers, the text includes chapters written from both analytical and continental philosophical perspectives.

Spis treści

Introduction.- Abstracts.- Part I The Specificity of Legal Reasoning.- Part II Legal Reasoning and Public Reason.- Part III Logic and Law.- Part IV New Formal Approaches to Legal Reasoning .- Part V Logic in the Law.

Blurb

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.