Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic
Author:   Jaap Hage
Publisher:   Springer
Edition:   Softcover reprint of hardcover 1st ed. 1997
Volume:   27
ISBN:  

9789048147731


Pages:   266
Publication Date:   28 October 2010
Format:   Paperback
Availability:   Out of stock   Availability explained
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Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic


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Overview

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.

Full Product Details

Author:   Jaap Hage
Publisher:   Springer
Imprint:   Springer
Edition:   Softcover reprint of hardcover 1st ed. 1997
Volume:   27
Dimensions:   Width: 15.50cm , Height: 1.50cm , Length: 23.50cm
Weight:   0.454kg
ISBN:  

9789048147731


ISBN 10:   9048147735
Pages:   266
Publication Date:   28 October 2010
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Out of stock   Availability explained
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

Table of Contents

I Introduction.- II Of Reasons.- III Reasoning with Rules.- IV Reason-Based Logic.- V Applications of Reason-Based Logic.- VI Concluding Observations.- References.- Index of Names.- Index of Subjects.

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