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.
Inhaltsverzeichnis
Part 1. Historic Roots.- 1. What is to have Knowledge of Roman Legal Methods and Reasoning? (Geoffrey Samuel).- 2. The Use of Logic for Creating Fact Patterns in Roman Legal Writings (Markus Winkler).- 3. A Logical Framework for The Islamic Law (Mohammad Ardeshir & Fatemeh Nabavi).- 4. The Formal Evolution of Islamic Juridical Dialectic: a Brief Glimpse (Walter Edward Young).- 5. Independent Reasoning in Law: The Jewish Tradition (Joseph E. David).- Part 2. Contemporary Law.- 6. Rethinking Interpretative Arguments (Hális Alves do Nascimento França).- 7. A Logic for the Interpretation of Private International Law (Alessandra Malerba, Antonino Rotolob, and Guido Governatori).- 8. A Formal Model for Analogies in Civil Law Reasoning (Matthias Armgardt).- 9. Approaching an Analysis of Reasoning by Analogy (Hans Christian Nordtveit Kvernenes).- 10. Elements for a Dialogical Approach on Parallel Reasoning. A Case Study of Spanish Civil Law (Maria Dolors Martínez -Cazalla; Tania Menéndez-Martín).- 11. Abductive Inference in Legal Reasoning: Resolving the Question of Res Ipsa Loquitur’s Procedural Effect (Douglas Lind).- Part 3. Deontic Logic, Legal Reasoning, Normativity).- 12. Common Law Precedent and the Logic of Reasons (Federico L.G. Faroldi).- 13. Reasoning with Rules and Rights: Term-Modal Deontic Logic (Stef Frijters & Joke Meheus; Frederik Van De Putte).- 14. Dyadic Deontic Logic in HOL: Faithful Embedding and Meta-Theoretical Experiments (Christoph Benzmüller, Ali Farjami, and Xavier Parent).- 15. On the Role of Past Treatment of Terms From Written Laws in Legal Reasoning (Jaromir Savelka; Kevin D. Ashley).- 16. Jørgensen’s Dilemma in the interface between Legal Positivism and the Natural Law tradition (Juliele Maria Sievers).- 17. Coping with inconsistencies in legal reasoning (Max Urchs).
Über den Autor
Shahid Rahman is full-professor (classe exceptionnelle) of logic and epistemology at the Université de Lille-Nord-pas-de-Calais, Sciences Humaines et Sociales. He is also researcher at the UMR-CNRS 8163 : STL.Prof. Rahman works span both philosophy of logic and its history, including a dialogical perspective on Constructive Type Theory. In fact, he is the leading researcher in the field of the dialogical approach to logic to which he contributed with publications in, among other fields, non-classical logics, legal reasoning, Arabic Logic and Jain Logic. Prof. Rahman is the main editing director of two collections of books in Springer, namely, Logic, Epistemology and the Unity of Science (more than 40 volumes edited so far) ; and Logic, Argumentation and Reasoning, Perspectives from the Social Sciences and the Humanities. He is also main editor director of three other collections in College Publications, London, King’s College : Cahiers de Logique et Epistémologie, Dialogues, Cuadernos de Lógica, Epistemología y Lenguaje. His most recent books include N. Clerbout/S. Rahman: Linking Game-Theoretical Approaches with Constructive Type Theory. Dialogical Strategies, CTT Demonstrations and the Axiom of Choice, Dordrecht, Springer, 2015; and S. Rahman/Z. Mc Conaughey/A. Klev/N.Clerbout: Immanent Reasoning or Equality in Action, Dordrecht: Springer, 2018, in print.
Matthias Armgardt is full professor at the university of Hamburg. He holds the Chair of Global Legal History and Private Law at the faculty of law. His research areas include Legal Logic, Leibniz’s Legal Philosophy, Ancient Law and Private Law.
Hans Christian Nordtveit Kvernenes is currently a Ph D student in philosophy at Savoirs, Textes et Langage, Université de Lille 3. His project is relating logic to analogical reasoning in European law, ‚A Dialogical Framework for Analogy in Legal Reasoning – The Ratio Legis and Precedent Case Models‘.
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