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Evolution and Constitution

The Evolutionary Selfconstruction of Law

by E.F. Oeser ...

Series series Philosophy and Religion (R0)
Evolution and Constitution for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and -after all - should help to build a bridge between 'two cultures', science and humanities.Evolutionary approach to law had been advocated already at the time of ... Read more

$89.09 USD

Evolution and Constitution for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and -after all - should help to build a bridge between 'two cultures', science and humanities.Evolutionary approach to law had been advocated already at the time of
... Read more

On the Limits of Constitutional Adjudication

Deconstructing Balancing and Judicial Activism

by Juliano Zaiden Benvindo ...

Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to ... Read more

$143.09 USD

Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to
... Read more
A Theory of Legal Sentences

by Manuel Atienza, J. Ruiz Manero ...

Series Book 34 - Law and Philosophy Library
Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, ... Read more

$89.09 USD

Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions,
... Read more
Liability for Crimes Involving Artificial Intelligence Systems

by Gabriel Hallevy ...

The book develops a general legal theory concerning the liability for offenses involving artificial intelligence systems. The involvement of the artificial intelligence systems in these offenses may be as perpetrators, accomplices or mere instruments. The general legal theory proposed in this book is based on the current criminal law in most modern legal systems.In most modern countries, unmanned ... Read more

$116.09 USD

The book develops a general legal theory concerning the liability for offenses involving artificial intelligence systems. The involvement of the artificial intelligence systems in these offenses may be as perpetrators, accomplices or mere instruments. The general legal theory proposed in this book is based on the current criminal law in most modern legal systems.In most modern countries, unmanned
... Read more
Giving Reasons

A Linguistic-Pragmatic Approach to Argumentation Theory

by Lilian Bermejo Luque ...

Series series Social Sciences (R0)
This book provides a new, linguistic approach to Argumentation Theory. Its main goal is to integrate the logical, dialectical and rhetorical dimensions of argumentation in a model providing a unitary treatment of its justificatory and persuasive powers. This model takes as its basis Speech Acts Theory in order to characterize argumentation as a second-order speech act complex. The result is a ... Read more

$89.09 USD

This book provides a new, linguistic approach to Argumentation Theory. Its main goal is to integrate the logical, dialectical and rhetorical dimensions of argumentation in a model providing a unitary treatment of its justificatory and persuasive powers. This model takes as its basis Speech Acts Theory in order to characterize argumentation as a second-order speech act complex. The result is a
... Read more
Informatics and the Foundations of Legal Reasoning

Edited by Z. Bankowski, Ulrike Hahn, I. White ...

Series series Philosophy and Religion (R0)
Informatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries. Fourteen papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an International Working Group supported by the European ... Read more

$188.09 USD

Informatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries. Fourteen papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an International Working Group supported by the European
... Read more
Reflections on Theoretical Issues in Argumentation Theory

Edited by Frans H. van Eemeren, Bart Garssen ...

Series series Philosophy and Religion (R0)
This volume presents a selection of papers reflecting key theoretical issues in argumentation theory. Its six sections are devoted to specific themes, including the analysis and evaluation of argumentation, argument schemes and the contextual embedding of argumentation. The section on general perspectives on argumentation discusses the trends of empiricalization, contextualization and ... Read more

$89.09 USD

This volume presents a selection of papers reflecting key theoretical issues in argumentation theory. Its six sections are devoted to specific themes, including the analysis and evaluation of argumentation, argument schemes and the contextual embedding of argumentation. The section on general perspectives on argumentation discusses the trends of empiricalization, contextualization and
... Read more
Fundamentals of Legal Argumentation

A Survey of Theories on the Justification of Judicial Decisions

by Eveline T. Feteris ...

Series series Philosophy and Religion (R0)
This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, ... Read more

$134.09 USD

This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated,
... Read more
Reasoning with Rules

An Essay on Legal Reasoning and Its Underlying Logic

by Jaap Hage ...

Series series Law and Criminology (R0)
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 ... Read more

$188.09 USD

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
... Read more
Rhetorical Perspectives on Argumentation

Selected Essays by David Zarefsky

by David Zarefsky ...

Series series Philosophy and Religion (R0)
This book contains 20 essays tracing the work of David Zarefsky, a leading North American scholar of argumentation from a rhetorical perspective. The essays cohere around 4 general themes: objectives for studying argumentation rhetorically, approaches to rhetorical study of argumentation, patterns and schemes of rhetorical argumentation, and case studies illustrating the potential of studying ... Read more

$62.99 USD

This book contains 20 essays tracing the work of David Zarefsky, a leading North American scholar of argumentation from a rhetorical perspective. The essays cohere around 4 general themes: objectives for studying argumentation rhetorically, approaches to rhetorical study of argumentation, patterns and schemes of rhetorical argumentation, and case studies illustrating the potential of studying
... Read more
Legal Indeterminacy and Constitutional Interpretation

by J.J. Moreso ...

Series series Philosophy and Religion (R0)
$89.09 USD
Past and Present Interactions in Legal Reasoning and Logic

Edited by Matthias Armgardt, Patrice Canivez, Sandrine Chassagnard-Pinet ...

Series series Philosophy and Religion (R0)
This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen´s Dilemma, the Rhetor´s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying ... Read more

$49.49 USD

This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen´s Dilemma, the Rhetor´s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying
... Read more

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On the Limits of Constitutional Adjudication

A Theory of Legal Sentences

Liability for Crimes Involving Artificial Intelligence Systems

Giving Reasons

Informatics and the Foundations of Legal Reasoning

Reflections on Theoretical Issues in Argumentation Theory

Fundamentals of Legal Argumentation

Reasoning with Rules

Rhetorical Perspectives on Argumentation

Legal Indeterminacy and Constitutional Interpretation

Past and Present Interactions in Legal Reasoning and Logic

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