Methods of Legal Reasoning
The book attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. Apart from a presentation of basic ideas connected with the above mentioned methods, the essays contained in this book seek to answer qu...
| Main Authors: | , |
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| Format: | eBook |
| Language: | English |
| Published: |
Dordrecht
Springer Netherlands
2006, 2006
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| Edition: | 1st ed. 2006 |
| Series: | Law and Philosophy Library
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| Subjects: | |
| Online Access: | |
| Collection: | Springer eBooks 2005- - Collection details see MPG.ReNa |
Table of Contents:
- Part I. Controversy over legal methodology in the 19th and 20th centuries. 1. Three stances. 2. Methods of legal reasoning. 3. Logic – analysis – argumentation – hermeneutics
- Part II. Logic. 1. Introduction. 2. Classical logic: propositional logic and first order predicate logic. 3. Deontic logic. 4. Logic of action and logic of norms. 5. Defeasible logic. 6. Summary
- Part III. Analysis. 1. Introduction. 2. Linguistic analysis. 3. Economic analysis of law. 4. Summary
- Part IV. Argumentation. 1. Introduction. 2. Two conceptions of a legal discourse. 3. Legal argumentation
- Part V. Hermeneutics. 1. Introduction. 2. Hermeneutics as epistemology. 3. Hermeneutics as ontology. 4. The understanding of the law
- Part VI. Methods of legal reasoning from a post-modern perspective. 1. A summary. 2. Dilemmas of the contemporary philosophy of law. 3. The epistemological approach. 4. Unfinished projects