Handbook Of Legal Reasoning And Argumentation
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| Author | : Giorgio Bongiovanni |
| Publisher | : Springer |
| Total Pages | : 773 |
| Release | : 2018-07-02 |
| Genre | : Philosophy |
| ISBN | : 9048194520 |
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
| Author | : Thomas Bustamante |
| Publisher | : Springer |
| Total Pages | : 230 |
| Release | : 2015-04-07 |
| Genre | : Law |
| ISBN | : 3319161482 |
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.
| Author | : Pierre Schlag |
| Publisher | : |
| Total Pages | : 128 |
| Release | : 1986 |
| Genre | : Law |
| ISBN | : |
| Author | : Neil MacCormick |
| Publisher | : Clarendon Press |
| Total Pages | : 322 |
| Release | : 1994-08-11 |
| Genre | : Law |
| ISBN | : 0191018597 |
What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
| Author | : Ch. Perelman |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 199 |
| Release | : 2012-12-06 |
| Genre | : Philosophy |
| ISBN | : 9400990103 |
This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.
| Author | : Ruggero J. Aldisert |
| Publisher | : |
| Total Pages | : 292 |
| Release | : 1989 |
| Genre | : Judicial process |
| ISBN | : |
This book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.
| Author | : Neil MacCormick |
| Publisher | : OUP Oxford |
| Total Pages | : 304 |
| Release | : 2005-07-28 |
| Genre | : Law |
| ISBN | : 0191018783 |
Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based? Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.
| Author | : Robin S. Wellford |
| Publisher | : |
| Total Pages | : 140 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : 9780820555157 |
| Author | : Steven J. Burton |
| Publisher | : Wolters Kluwer Law & Business |
| Total Pages | : 212 |
| Release | : 2007-01-10 |
| Genre | : Law |
| ISBN | : 1454834048 |
Now in its Third Edition, An Introduction to Law and Legal Reasoning continues to be the ideal go-to for the first year law student. It is a short, practical book that introduces beginning law students and others to contemporary law and legal reasoning. By presenting these topics through various discussions of cases and examples, it provides students with a solid source to reference for years to come.
| Author | : Douglas Walton |
| Publisher | : Penn State Press |
| Total Pages | : 400 |
| Release | : 2010-11-01 |
| Genre | : Law |
| ISBN | : 9780271048338 |
A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.
