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Vol 23 No 5 May/June 2018

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Past and Present Interactions in Legal Reasoning and Logic

ISBN13: 9783319160207
Published: June 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £79.99

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

General Introduction
Patrice Canivez and Giuliano Bacigalupo

Part 1. Roman Law and Logic
Proculus on the Meanings of OR and the Types of Disjunction
Karlheinz Hulser
Disjunctive Statements in Roman Legal Arguments
Markus Winkler

Part 2. Leibniz, Law and Logic
Presumptions and Conjectures in Leibniz's Legal Theory
Matthias Armgardt
Suspensive Condition & Dynamic Epistemic Logic
Sebastien Magnier
The Rhetor's Dilemma: Leibniz's Approach to an Ancient Case
Bettine Jankowski

Part 3. Current Interactions between Law and Logic
On Hypothetical Judgements and Leibniz's Notion of Conditional Right
Shahid Rahman
Legal Fictions, Assumptions and Comparisons
Giuliano Bacigalupo
Reasoning with Form & Content
Juliele Sievers and Sebastien Magnier
Note on a Second Order Game in Legal Practice
Reinhard Z. Bengez
Conflict of Norms and Conflict of Values in Law
Sandrine Chassagnard-Pinet
The Service Contract (Contrat d'Entreprise)
Juliette Senechal.