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Studies in Legal LogicIntroduction

Studies in Legal Logic: Introduction If you want to swim against the current, don’t blame the river. (Alleged text of a Chinese fortune cookie) This book is based on a number of papers that I (co-)wrote after finishing Reasoning with rules. Those papers were published in heterogeneous journals, conference proceedings, or not at all yet. In my own experience they are united by a common theme, namely the role of logic in the law. In the first chapter I distinguish two ways of looking at logic. One way, th which has been the dominant view during the 20 century, is to interpret logic ontologically, namely as the theory of what must t be true, given the truth of a number of sentences. The relation between logic and ontology becomes clear if we pay attention to the fact that logic aims at finding general characteristics of arguments that make them good ones. Traditionally an argument is said to be good (in the sense of ‘valid’), if its conclusion must be true given the truth of the premises. Logical research is devoted to the discovery of argument forms in which the premises necessitate the truth of the conclusion. A major, if not the only, source of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Studies in Legal LogicIntroduction

Part of the Law and Philosophy Library Book Series (volume 70)
Studies in Legal Logic — Jan 1, 2005
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Publisher
Springer Netherlands
Copyright
© Springer 2005
ISBN
978-1-4020-3517-3
Pages
1 –6
DOI
10.1007/1-4020-3552-7_1
Publisher site
See Chapter on Publisher Site

Abstract

If you want to swim against the current, don’t blame the river. (Alleged text of a Chinese fortune cookie) This book is based on a number of papers that I (co-)wrote after finishing Reasoning with rules. Those papers were published in heterogeneous journals, conference proceedings, or not at all yet. In my own experience they are united by a common theme, namely the role of logic in the law. In the first chapter I distinguish two ways of looking at logic. One way, th which has been the dominant view during the 20 century, is to interpret logic ontologically, namely as the theory of what must t be true, given the truth of a number of sentences. The relation between logic and ontology becomes clear if we pay attention to the fact that logic aims at finding general characteristics of arguments that make them good ones. Traditionally an argument is said to be good (in the sense of ‘valid’), if its conclusion must be true given the truth of the premises. Logical research is devoted to the discovery of argument forms in which the premises necessitate the truth of the conclusion. A major, if not the only, source of

Published: Jan 1, 2005

Keywords: Legal Reasoning; Deontic Logic; Comparative Reasoning; Defeasible Reasoning; Legal Integration

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