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Vol 23 No 5 May/June 2018

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Logic in the Theory and Practice of Lawmaking

Edited by: Michal Araszkiewicz, Krzysztof Pleszka

ISBN13: 9783319195742
Published: October 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £109.99

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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.

Table of contents.
About the authors.

Part I From the Theory.
1. The (Onto)logical Structure of Law. A Conceptual Toolkit For Legislators
Jaap Hage.
2. Conflict of Legal Norms: Definition and Varieties
Lars Lindahl and David Reidhav.
3. Entailed Norms and the Systematization of Law
Pablo E. Navarro and Jorge L. Rodriguez.
4. Conservative Coherentist Closure of Legal Systems
Juliano S. A. Maranhao.
5. Negation in Legislation
Giovanni Battista Ratti.
6. Open Texture in Law, Legal Certainty and Logical Analysis of Natural Language
Jaromir Savelka and Jakub Harasta.
7. The Theories of Statutory Construction and Legislative Process in American Jurisprudence
Linda D. Jellum.
8. Logic and the Directives of Legislative Technique. Some Logical Remarks on the Polish "Principles of Legislative Technique"
Urszula Kosielin ska-Grabowska and Andrzej Grabowski.
9. The Hidden Acts of Definition in Law
Statutory Definitions and Burden of Persuasion
Fabrizio Macagno and Giovanni Damele.
10. The Concept of Normative Consequence and Legislative Discourse
Michal Araszkiewicz and Krzysztof Pleszka.

Part II to the Practice of Lawmaking.
11. Formalising Debates about Law-making Proposals as Practical Reasoning
Henry Prakken.
12. Logics for Legal Dynamics
Guido Governatori and Antonino Rotolo.
13. Representing the Logic of Statutory Rules in the United States
Vern R. Walker, Bernadette C. Lopez, Matthew T. Rutchik, and Julie L. Agris.
14. Modern Logic as a Tool for Remedying Ambiguities in Legal Documents and Analyzing the Structure of Legal Documents' Contained Definitions
Layman E. Allen and Leon J. Lysaght, Jr..
15. From the Language of Legislation to Executable Logic Programs
Adam Wyner.
16. A Rule-Based Graphical Decision Charting Approach to Legal Knowledge Based System
Nitin B. Bilgi.
17. Logic Oriented Methods for Structuring in the Context of Lawmaking
Vytautas Cyras and Friedrich Lachmayer.
18. Creating CoReO, the Computer Assisted Copyright Reform Observatory
Ermo Taks, Addi Rull, Anni Saar, and Burkhard Schafer.
19. Legal Knowledge Modeling for Managing Legislation in the Semantic Web
Enrico Francesconi.
20. Computer-aided Legislation Based on Immune-like Processing of Legal Texts
Tomasz Pelech-Pilichowski and Wojciech Cyrul.