New Developments in Legal Reasoning and Logic: From Ancient Law to Modern Legal Systems

ISBN-13: 9783030716837 / Angielski / Miękka / 2022 / 433 str.

Shahid Rahman; Matthias Armgardt; Hans Christian Nordtveit Kvernenes

Opis

This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science.This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence.The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.

Spis treści

On the Formal Evolution of Islamic Juridical Dialectic; Young, Walter Edward.- Abū Isāq al-Shīrāzī’s System of Co-Relational Inferences by Indication; Rahman, Shahid and Iqbal, Muhammad.- Abductive Inference in Legal Reasoning: Reconceiving Res Ipsa Loquitur; Lind, Douglas.- Ibn Hazm on Heteronomous Imperatives. A Landmark in the History of the Logical Analysis of Legal Norms; Rahman, Shahid, Zidani, Farid, and Young, Walter Edward.- Hume, Logical Induction, and Legal Reasoning; Kellogg, Frederic R..- A Dialogical Framework for Analogy in European Legal Reasoning; Nordtveit Kvernenes, Hans Christian.- Analogy; Armgardt, Matthias.- Non-Monotonic Reasoning and Law; Sartor, Giovanni.- Deontic Logic and Law; Meheus, Joke.- Judaic Logic and Law; Reichman, Ronen.- Islamic Law and Dynamic Epistemic Logic; Ardeshir, Mohammad. 

O autorze

Shahid Rahman is full-professor (classe exceptionnelle) of logic and epistemology at the Université de Lille-Nord-pas-de-Calais, Sciences Humaines et Sociales. He is also researcher at the UMR-CNRS 8163 : STL. 

Prof. Rahman works span both philosophy of logic and its history, including a dialogical perspective on Constructive Type Theory. In fact, he is the leading researcher in the field of the dialogical approach to logic to which he contributed with publications in, among other fields, non-classical logics, legal reasoning, Arabic Logic and Jain Logic. Prof. Rahman is the main editing director of two collections of books in Springer, namely, Logic, Epistemology and the Unity of Science (more than 40 volumes edited so far) ; and Logic, Argumentation and Reasoning, Perspectives from the Social Sciences and the Humanities. He is also main editor director of three other collections in College Publications, London, King’s College : Cahiers de Logique et Epistémologie, Dialogues, Cuadernos de Lógica, Epistemología y Lenguaje. His most recent books include N. Clerbout/S. Rahman: Linking Game-Theoretical Approaches with Constructive Type Theory. Dialogical Strategies, CTT Demonstrations and the Axiom of Choice, Dordrecht, Springer, 2015; and S. Rahman/Z. McConaughey/A. Klev/N.Clerbout: Immanent Reasoning or Equality in Action, Dordrecht: Springer, 2018, in print.

Matthias Armgardt is full professor at the university of Hamburg. He holds the Chair of Global Legal History and Private Law at the faculty of law. His research areas include Legal Logic, Leibniz's Legal Philosophy, Ancient Law and Private Law. 

Hans Christian Nordtveit Kvernenes is currently a PhD student in philosophy at Savoirs, Textes et Langage, Université de Lille 3. His project is relating logic to analogical reasoning in European law, 'A Dialogical Framework for Analogy in Legal Reasoning - The Ratio Legis and Precedent Case Models'.