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 problematic of these contributions concerns the conditional structures and, more particularly, the relationship between legal theory and legal reasoning in the context of conditions. The contributions in this work constitute the first results of the ANR-DFG joint research project “JuriLog” (Jurisprudence and Logic), which aims at fostering the cooperation between legal scholars and philosophers. On the one hand, lawyers and legal scholars have an interest in emphasizing the logical character of legal reasoning. In this respect, the present enquiry examines the question of how logic, especially newer forms of dialogical logic, can be made fruitful as a significant area of philosophy for jurisprudence and legal practice. On the other hand, logicians find in legal reasoning a striving towards clear definitions and inference-procedures that is relevant to their discipline. In order to fully understand such reciprocal relationships, it is necessary to bridge the gap between law, logic and philosophy in contemporary academic research. The essays collected in this volume all work towards this common goal. The book is divided in three sections. In the first part, the strong relation between Roman Law and logic is explored with respect to the analysis of disjunctive statements in legal acts. The second part focuses on Leibniz ́s legal theory. The third part, finally, is dedicated to current interactions between law and logic.

The extraordinary breadth and depth of Leibniz's intellectual vision commands ever increasing attention. As more texts gradually emerge from seemingly bottomless archives, new facets of his contribution to an astonishing variety of fields come to light. This volume provides a uniquely comprehensive, systematic, and up-to-date appraisal of Leibniz's thought thematically organized around its diverse but interrelated aspects. Discussion of his philosophical system naturally takes place of pride. A cluster of original essays revisit his logic, metaphysics, epistemology, philosophy of nature, moral and political philosophy, and philosophy of religion. The scope of the volume, however, goes beyond that of a philosophical collection to embrace all the main features of Leibniz's thought and activity. Contributions are offered on Leibniz as a mathematician (including not only his calculus but also determinant theory, symmetric functions, the dyadic, the analysis situs, probability and statistics); on Leibniz as a scientist (physics and also optics, cosmology, geology, physiology, medicine, and chemistry); on his technical innovations (the calculating machine and the technology of mining, as well as other discoveries); on his work as an 'intelligencer' and cultural networker, as jurist, historian, editor of sources and librarian; on his views on Europe's political future, religious toleration, and ecclesiastical reunification; on his proposals for political, administrative, economic, and social reform. In so doing, the volume serves as a unique cross-disciplinary point of contact for the many domains to which Leibniz contributed. By assembling leading specialists on all these topics, it offers the most rounded picture of Leibniz's endeavors currently available.

This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.

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, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

This monograph proposes a new way of implementing interaction in logic. It also provides an elementary introduction to Constructive Type Theory (CTT). The authors equally emphasize basic ideas and finer technical details. In addition, many worked out exercises and examples will help readers to better understand the concepts under discussion. One of the chief ideas animating this study is that the dialogical understanding of definitional equality and its execution provide both a simple and a direct way of implementing the CTT approach within a game-theoretical conception of meaning. In addition, the importance of the play level over the strategy level is stressed, binding together the matter of execution with that of equality and the finitary perspective on games constituting meaning. According to this perspective the emergence of concepts are not only games of giving and asking for reasons (games involving Why-questions), they are also games that include moves establishing how it is that the reasons brought forward accomplish their explicative task. Thus, immanent reasoning games are dialogical games of Why and How.

This volume offers a wide-ranging overview of the 16th-18th century disputation culture in various European regions. Its focus is on printed disputations as a polyvalent media form which brings together many of the elements that contributed to the cultural and scientific changes during the early modern period.

With this volume of the series Logic, Epistemology, and the Unity of Science edited by S. Rahman et al. a challenging dialogue is being continued. The series’ first volume argued that one way to recover the connections between logic, philosophy of sciences, and sciences is to acknowledge the host of alternative logics which are currently being developed. The present volume focuses on four key themes. First of all, several chapters unpack the connection between knowledge and epistemology with particular focus on the notion of knowledge as resulting from interaction. Secondly, new epistemological perspectives on linguistics, the foundations of mathematics and logic, physics, biology and law are a subject of analysis. Thirdly, several chapters are dedicated to a discussion of Constructive Type Theory and more generally of the proof-theoretical notion of meaning.Finally, the book brings together studies on the epistemic role of abduction and argumentation theory, both linked to non-monotonic approaches to the dynamics of knowledge.