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Legal Argumentation Theory Cross Disciplinary Perspectives

Author: Christian Dahlman
Publisher: Springer Science & Business Media
ISBN: 9400746695
Size: 44.68 MB
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This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany.

Argument Types And Fallacies In Legal Argumentation

Author: Thomas Bustamante
Publisher: Springer
ISBN: 3319161482
Size: 20.85 MB
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This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.

Methods Of Legal Reasoning

Author: Jerzy Stelmach
Publisher: Springer Science & Business Media
ISBN: 1402049390
Size: 67.76 MB
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Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.

Legal Fictions In Theory And Practice

Author: Maksymilian Del Mar
Publisher: Springer
ISBN: 3319092324
Size: 26.26 MB
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This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.

Maqasid Al Shariah As Philosophy Of Islamic Law

Author: Jasser Auda
Publisher: International Institute of Islamic Thought (IIIT)
ISBN: 1565644247
Size: 41.62 MB
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In this path breaking study, Jasser Auda presents a systems approach to the philosophy and juridical theory of Islamic law based on its purposes, intents, and higher objectives (maqasid). For Islamic rulings to fulfill their original purposes of justice, freedom, rights, common good, and tolerance in today's context, Auda presents maqasid as the heart and the very philosophy of Islamic law. He also introduces a novel method for analysis and critique, one that utilizes relevant features from systems theory, such as, wholeness, multidimensionality, openness, and especially, purposefulness of systems. This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.

The Philosophy Of International Law

Author: Samantha Besson
Publisher: Oxford University Press
ISBN: 0199208581
Size: 63.38 MB
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This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

Moving Out Of Poverty

Author: Deepa Narayan
Publisher: World Bank Publications
ISBN: 9780821369920
Size: 60.30 MB
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This book brings together the latest thinking about poverty dynamics from diverse analytic traditions. While covering a vast body of conceptual and empirical knowledge about economic and social mobility, it takes the reader on compelling journeys of multigenerational accounts of three villages in Kanartaka, India, twelve years in the life of a street child in Burkina Faso, and much more. Leading development practitioners and scholars from the fields of anthropology, economics, political science, and sociology critically examine the literature from their disciplines and contribute new frameworks and evidence from their own works. The 'Moving Out of Poverty' series launched in 2007 is under the editorial direction of Deepa Narayan, Senior Advisor of the World Bank and former director of the pathbreaking 'Voices of the Poor' series. It features the results of new comparative research across more than 500 communities in 15 countries to understand how and why people move out of poverty, and presents other work which builds on interdisciplinary and contextually grounded understandings of growth and poverty reduction.

International Law As A Profession

Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1108138683
Size: 39.87 MB
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International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.