Approaches to Legal Rationality

by Dov M. Gabbay (Editor), Patrice Canivez (Editor), Shahid Rahman (Editor), Alexandre Thiercelin (Editor)

Overview

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.

Product Details

ISBN-13:	9789048195879
Publisher:	Springer Netherlands
Publication date:	10/11/2010
Series:	Logic, Epistemology, and the Unity of Science , #20
Edition description:	2011
Pages:	422
Product dimensions:	6.10(w) x 9.25(h) x 0.24(d)

Table of Contents

Part I The Specificity of Legal Reasoning

1 Aristotle on the Ways and Means of Rhetoric Michel Crubellier 3

2 Cicero on Conditional Right Fosca Mariani Zini 25

3 Inductive Topics and Reorganization of a Classification Pol Boucher 49

4 Formal and Informal in Legal Logic Jan Wolenski 73

Part II Legal Reasoning and Public Reason

5 Public Reason and Constitutional Interpretation David M. Rasmussen 89

6 Democracy and Compromise Patrice Canivez 97

7 Reasons for Reasons Mathilde Cohen 119

8 Argumentation and Legitimation of Judicial Decisions Sandrine Chassagnard-Pinet 145

Part III Logic and Law

9 Logic and the Law: Crossing the Lines of Discipline Dov M. Gabbay John Woods 165

10 Epistemic and Practical Aspects of Conditionals in Leibniz's Legal Theory of Conditions Alexandre Thiercelin 203

11 Abduction and Proof: A Criminal Paradox John Woods 217

12 Relevance in the Law Dov M. Gabbay John Woods 239

Part IV New Formal Approaches to Legal Reasoning

13 The Logical Structure of Legal Justification: Dialogue or "Trialogue"" Ana Dimiskovska Trajanoska 265

14 Explanation and Production: Two Ways of Using and Constructing Legal Argumentation Otto Pfersmann 281

15 The Law of Evidence and Labelled Deduction: A Position Paper Dov M. Gabbay John Woods 295

Part V Logic in the Law

16 How Logic Is Spoken of at the European Court of Justice: A Preliminary Exploration Maximilian Herberger 335

Index 417