Handbook of Legal Reasoning and Argumentation
Handbook of Legal Reasoning and Argumentation
- Netherlands: Springer, 2018.
- xxiii, 764p.
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(are problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concept of reasoning. The second one discusses the basic concepts of practical reasoning.
978-90-481-9451-3
Part I. Basic Concepts for Legal Reasoning
Reasons(and Reasons in Philosophy of Law)
Reasons in Moral Philosophy
Legal Reasoning and Argumentation
Norms in Action: A Logical Perspective
Of Norms
Values
The Goals of Norms
Authority
The Authority of Law
Part II Kind of Reasoning and the Law
Inductive, Abductive and Probabilistic Reasoning
Defeasibility in Law
Analogical Arguments
Choosing Ends and Choosing Means
Part III Special Kinds of Legal reasoning
Evidential reasoning
Interpretive Arguments and the Application of the Law
Statutory Interpretation as Argumentation
Varieties of Vagueness in the Law
Balancing, Proportionally and Constitutional Rights
A Quantitative Approach to Proportionality
Coherence and Systematization in Law
Precedent and Legal Analogy
Economic Logic and Legal Logic
34:162 / BON
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(are problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concept of reasoning. The second one discusses the basic concepts of practical reasoning.
978-90-481-9451-3
Part I. Basic Concepts for Legal Reasoning
Reasons(and Reasons in Philosophy of Law)
Reasons in Moral Philosophy
Legal Reasoning and Argumentation
Norms in Action: A Logical Perspective
Of Norms
Values
The Goals of Norms
Authority
The Authority of Law
Part II Kind of Reasoning and the Law
Inductive, Abductive and Probabilistic Reasoning
Defeasibility in Law
Analogical Arguments
Choosing Ends and Choosing Means
Part III Special Kinds of Legal reasoning
Evidential reasoning
Interpretive Arguments and the Application of the Law
Statutory Interpretation as Argumentation
Varieties of Vagueness in the Law
Balancing, Proportionally and Constitutional Rights
A Quantitative Approach to Proportionality
Coherence and Systematization in Law
Precedent and Legal Analogy
Economic Logic and Legal Logic
34:162 / BON