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Approaches To Legal Rationality

Author: Dov M. Gabbay
Publisher: Springer Science & Business Media
ISBN: 9789048195886
Size: 19.82 MB
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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.

Past And Present Interactions In Legal Reasoning And Logic

Author: Matthias Armgardt
Publisher: Springer
ISBN: 3319160214
Size: 43.22 MB
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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.

Handbook Of Philosophical Logic

Author: Dov M. Gabbay
Publisher: Springer Science & Business Media
ISBN: 9400766009
Size: 18.88 MB
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This second edition of the Handbook of Philosophical Logic reflects great changes in the landscape of philosophical logic since the first edition. It gives readers an idea of that landscape and its relation to computer science and formal language and artificial intelligence. It shows how the increased demand for philosophical logic from computer science and artificial intelligence and computational linguistics accelerated the development of the subject directly and indirectly. This development in turn, directly pushed research forward, stimulated by the needs of applications. New logic areas became established and old areas were enriched and expanded. At the same time, it socially provided employment for generations of logicians residing in computer science, linguistics and electrical engineering departments which of course helped keep the logic community to thrive. The many contributors to this Handbook are active in these application areas and are among the most famous leading figures of applied philosophical logic of our times. ​

Fundamentals Of Legal Argumentation

Author: Eveline T. Feteris
Publisher: Springer
ISBN: 9402411291
Size: 36.70 MB
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This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

Logic Epistemology And The Unity Of Science

Author: Shahid Rahman
Publisher: Springer Science & Business Media
ISBN: 9048124867
Size: 16.93 MB
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The first volume in this new series explores, through extensive co-operation, new ways of achieving the integration of science in all its diversity. The book offers essays from important and influential philosophers in contemporary philosophy, discussing a range of topics from philosophy of science to epistemology, philosophy of logic and game theoretical approaches. It will be of interest to philosophers, computer scientists and all others interested in the scientific rationality.

Conjectures And Refutations

Author: Karl Popper
Publisher: Routledge
ISBN: 1135971374
Size: 72.37 MB
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Conjectures and Refutations is one of Karl Popper's most wide-ranging and popular works, notable not only for its acute insight into the way scientific knowledge grows, but also for applying those insights to politics and to history. It provides one of the clearest and most accessible statements of the fundamental idea that guided his work: not only our knowledge, but our aims and our standards, grow through an unending process of trial and error.

General Philosophy Of Science Focal Issues

Author:
Publisher: Elsevier
ISBN: 9780080548548
Size: 45.31 MB
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Scientists use concepts and principles that are partly specific for their subject matter, but they also share part of them with colleagues working in different fields. Compare the biological notion of a 'natural kind' with the general notion of 'confirmation' of a hypothesis by certain evidence. Or compare the physical principle of the 'conservation of energy' and the general principle of 'the unity of science'. Scientists agree that all such notions and principles aren't as crystal clear as one might wish. An important task of the philosophy of the special sciences, such as philosophy of physics, of biology and of economics, to mention only a few of the many flourishing examples, is the clarification of such subject specific concepts and principles. Similarly, an important task of 'general' philosophy of science is the clarification of concepts like 'confirmation' and principles like 'the unity of science'. It is evident that clarfication of concepts and principles only makes sense if one tries to do justice, as much as possible, to the actual use of these notions by scientists, without however following this use slavishly. That is, occasionally a philosopher may have good reasons for suggesting to scientists that they should deviate from a standard use. Frequently, this amounts to a plea for differentiation in order to stop debates at cross-purposes due to the conflation of different meanings. While the special volumes of the series of Handbooks of the Philosophy of Science address topics relative to a specific discipline, this general volume deals with focal issues of a general nature. After an editorial introduction about the dominant method of clarifying concepts and principles in philosophy of science, called explication, the first five chapters deal with the following subjects. Laws, theories, and research programs as units of empirical knowledge (Theo Kuipers), various past and contemporary perspectives on explanation (Stathis Psillos), the evaluation of theories in terms of their virtues (Ilkka Niiniluto), and the role of experiments in the natural sciences, notably physics and biology (Allan Franklin), and their role in the social sciences, notably economics (Wenceslao Gonzalez). In the subsequent three chapters there is even more attention to various positions and methods that philosophers of science and scientists may favor: ontological, epistemological, and methodological positions (James Ladyman), reduction, integration, and the unity of science as aims in the sciences and the humanities (William Bechtel and Andrew Hamilton), and logical, historical and computational approaches to the philosophy of science (Atocha Aliseda and Donald Gillies). The volume concludes with the much debated question of demarcating science from nonscience (Martin Mahner) and the rich European-American history of the philosophy of science in the 20th century (Friedrich Stadler). Comprehensive coverage of the philosophy of science written by leading philosophers in this field Clear style of writing for an interdisciplinary audience No specific pre-knowledge required

Leibniz What Kind Of Rationalist

Author: Marcelo Dascal
Publisher: Springer Science & Business Media
ISBN: 1402086687
Size: 13.84 MB
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Gottfried Wilhelm Leibniz was an outstanding contributor to many fields of human knowledge. The historiography of philosophy has tagged him as a “rationalist”. But what does this exactly mean? Is he a “rationalist” in the same sense in Mathematics and Politics, in Physics and Jurisprudence, in Metaphysics and Theology, in Logic and Linguistics, in Technology and Medicine, in Epistemology and Ethics? What are the most significant features of his “rationalism”, whatever it is? For the first time an outstanding group of Leibniz researchers, some acknowledged as leading scholars, others in the beginning of a promising career, who specialize in the most significant areas of Leibniz’s contributions to human thought and action, were requested to spell out the nature of his rationalism in each of these areas, with a view to provide a comprehensive picture of what it amounts to, both in its general drive and in its specific features and eventual inner tensions. The chapters of the book are the result of intense discussion in the course of an international conference focused on the title question of this book, and were selected in view of their contribution to this topic. They are clustered in thematically organized parts. No effort has been made to hide the controversies underlying the different interpretations of Leibniz’s “rationalism” – in each particular domain and as a whole. On the contrary, the editor firmly believes that only through a variety of conflicting interpretive perspectives can the multi-faceted nature of an oeuvre of such a magnitude and variety as Leibniz’s be brought to light and understood as it deserves.

Approaches And Methodologies In The Social Sciences

Author: Donatella Della Porta
Publisher: Cambridge University Press
ISBN: 1139474596
Size: 59.30 MB
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A revolutionary textbook introducing masters and doctoral students to the major research approaches and methodologies in the social sciences. Written by an outstanding set of scholars, and derived from successful course teaching, this volume will empower students to choose their own approach to research, to justify this approach, and to situate it within the discipline. It addresses questions of ontology, epistemology and philosophy of social science, and proceeds to issues of methodology and research design essential for producing a good research proposal. It also introduces researchers to the main issues of debate and contention in the methodology of social sciences, identifying commonalities, historic continuities and genuine differences.