ENGLISH

Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic

By Jaap C. Hage (auth.)

Book information

Publisher
Springer Netherlands
Year
1997
ISBN
978-90-481-4773-1, 978-94-015-8873-7
DOI
10.1007/978-94-015-8873-7
Language
english
Format
PDF
Filesize
10 MB (10183519 bytes)
Series
Law and Philosophy Library 27
Edition
1
Pages
266\279
Orientation
yes
Scanned
yes
Time added
2013-08-01 04:00:00
Legal History; Logic; Legal Aspects of Computing;Philosophy of LawTheories of Law

Description

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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