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Reasoning with Rules

Reasoning with Rules

Jaap Hage

267,85 €
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Editorial:
Springer Nature B.V.
Año de edición:
1996
Materia
Teoría general del derecho
ISBN:
9780792343257

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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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Otros libros del autor

  • Reasoning with Rules
    Jaap Hage
    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...
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  • Studies in Legal Logic
    Jaap Hage
    Law and Defeasibility.- Law and Coherence.- Reason-Based Logic.- Comparing Alternatives.- Rule Consistency.- What is a Norm?.- Legal Statics and Legal Dynamics.- Dialectical Models in Artificial Intelligence and Law.- Legal Reasoning and Legal Integration. ...
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    268,91 €

  • Studies in Legal Logic
    Jaap Hage
    Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the author’s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their or...