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Author: Michał Araszkiewicz
Publisher: Springer
ISBN: 3319195751
Category : Law
Languages : en
Pages : 567
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Book Description
This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
Author: Michał Araszkiewicz
Publisher: Springer
ISBN: 3319195751
Category : Law
Languages : en
Pages : 567
Get Book Here
Book Description
This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
Author: Behnam Sadeghi
Publisher: Cambridge University Press
ISBN: 1139789252
Category : History
Languages : en
Pages : 241
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Book Description
This pioneering study examines the process of reasoning in Islamic law. Some of the key questions addressed here include whether sacred law operates differently from secular law, why laws change or stay the same and how different cultural and historical settings impact the development of legal rulings. In order to explore these questions, the author examines the decisions of thirty jurists from the largest legal tradition in Islam: the Hanafi school of law. He traces their rulings on the question of women and communal prayer across a very broad period of time - from the eighth to the eighteenth century - to demonstrate how jurists interpreted the law and reconciled their decisions with the scripture and the sayings of the Prophet. The result is a fascinating overview of how Islamic law has evolved and the thinking behind individual rulings.
Author: Catherine Brölmann
Publisher: Edward Elgar Publishing
ISBN: 1781953228
Category : Law
Languages : en
Pages : 503
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Book Description
The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.
Author: Shyamkrishna Balganesh
Publisher: Cambridge University Press
ISBN: 1107192889
Category : Law
Languages : en
Pages : 553
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Book Description
With newly uncovered personal papers, this volume offers in-depth analysis of Wesley Hohfeld's pioneering contributions to legal theory.
Author: Vytautas Cyras
Publisher: Springer Nature
ISBN: 3031279573
Category : Law
Languages : en
Pages : 306
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Book Description
Both legal scholars and computer scientists will be curious to know how the gap between law and computing can be bridged. The law, and also jurisprudence, is based on language, and is mainly textual. Every syntactic system has its semantic range, and so does language, which in law achieves a high degree of professional precision. The use of visualisations is a syntactic supplement and opens up a new understanding of legal forms. This understanding was reinforced by the paradigm shift from textual law to legal informatics, in which visual formal notations are decisive. The authors have been dealing with visualisation approaches for a long time and summarise them here for discussion. In this book, a multiphase transformation from the legal domain to computer code is explored. The authors consider law enforcement by computer. The target view is that legal machines are legal actors that are capable of triggering institutional facts. In the visualisation of statutory law, an approach called Structural Legal Visualisation is presented. Specifically, the visualisation of legal meaning is linked with tertium comparationis, the third part of the comparison. In a legal documentation system, representing one legal source with multiple documents is viewed as a granularity problem. The authors propose to supplement legislative documents ex ante with explicit logic-oriented information in the form of a mini thesaurus. In contrast to so-called strong relations such as synonymy, antonymy and hypernymy/hyponymy, one should consider weak relations: (1) dialectical relations, a term of dialectical antithesis; (2) context relations; and (3) metaphorical relations, which means the use of metaphors for terms. The chapters trace topics such as the distinction between knowledge visualisation and knowledge representation, the visualisation of Hans Kelsen’s Pure Theory of Law, the separation of law and legal science, legal subsumption, legal relations, legal machines, encapsulation, compliance, transparency, standard cases and hard cases.
Author: A. Daniel Oliver-Lalana
Publisher: Springer
ISBN: 3030120686
Category : Law
Languages : en
Pages : 344
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Book Description
This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
Author: Maria Mousmouti
Publisher: Edward Elgar Publishing
ISBN: 1788118235
Category : Law
Languages : en
Pages : 217
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Book Description
What is effective legislation? Is it a matter of intuition, luck or the result of evidence based law making? Can it be consciously ‘engineered’? This book advances the novel idea that legislative effectiveness is the result of complex ‘mechanics’ in the conceptualisation, design and drafting of four elements inherent in every law: purpose, content, context and results. It concludes that effectiveness can be achieved with conceptual and methodological insights that guide the specific choices of lawmakers when designing and drafting legislation.
Author: Giorgio Bongiovanni
Publisher: Springer
ISBN: 9048194520
Category : Philosophy
Languages : en
Pages : 773
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Book Description
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 (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
Author: Yasufumi Takama
Publisher: Springer Nature
ISBN: 3031291689
Category : Computers
Languages : en
Pages : 294
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Book Description
This book constitutes extended, revised, and selected papers from the JSAI annual conference, JSAI 2022, and the 14th International Symposium on Artificial Intelligence, JSAI-isAI 2022, held in Kyoto, Japan, in June 2022. The 18 full papers were carefully selected from 67 submissions and presented during the two events: 16th International Workshop on Juris-informatics, JURISIN 2022, and JSAI 2022 Intenational Session. This papers present discussion on fundamental and practical issues in Juris-informatics among researchers from various backgrounds such as law, social science, information and intelligent technology, logic, and philosophy, including the conventional AI and Law area.
Author: Luc J. Wintgens
Publisher: Routledge
ISBN: 1351881264
Category : Law
Languages : en
Pages : 383
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Book Description
This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
