Handbook of Legal Reasoning and Argumentation

Contributor(s):

Material type: Text

TextPublication details: Netherlands: Springer, 2018.Description: xxiii, 764pISBN:

978-90-481-9451-3

Subject(s):

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

DDC classification:

34:162 BON

Summary: 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.

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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.

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