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Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic (Law and Philosophy Library, 27, Band 27) - Hardcover

Buch 66 von 106: Law and Philosophy Library

Hage, Jaap

 
9780792343257: Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic (Law and Philosophy Library, 27, Band 27)
Hardcover
ISBN 10: 0792343255 ISBN 13: 9780792343257
Verlag: Springer, 1996

Inhaltsangabe

Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.

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Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule and principle applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.

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Verlag
Springer
Erscheinungsdatum
1996
Sprache
Englisch
ISBN 10 
0792343255
ISBN 13 
9780792343257
Einband
Gebundene Ausgabe
Anzahl der Seiten
280
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