This category needs an editor. We encourage you to help if you are qualified.
Volunteer, or read more about what this involves.
Related categories
Subcategories:
239 found
Search inside:
(import / add options)   Sort by:
1 — 50 / 239
Material to categorize
  1. Aulis Aarnio (1987). On Legal Reasoning as Practical Reasoning. Theoria 3 (1):97-107.
    Remove from this list | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  2. Aulis Aarnio (1977). On Legal Reasoning. Turun Yliopisto.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  3. Aulis Aarnio & Neil MacCormick (eds.) (1958/1992). Legal Reasoning. New York University Press, Reference Collection.
    This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  4. Matthew D. Adler, Social Facts, Constitutional Interpretation, and the Rule of Recognition.
    This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...)
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  5. Matthew D. Adler (2009). On (Moral) Philosophy and American Legal Scholarship. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press. 114.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  6. Larry Alexander (2012). Legal Objectivity and the Illusion of Legal Principles. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  7. Larry Alexander (2005). Lesser Evils: A Closer Look at the Paradigmatic Justification. [REVIEW] Law and Philosophy 24 (6):611-643.
    Remove from this list | Direct download (8 more)  
     
    My bibliography  
     
    Export citation  
  8. Larry Alexander (2001). The Rule of Rules: Morality, Rules, and the Dilemmas of Law. Duke University Press.
    In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  9. Larry Alexander (1996). Affirmative Duties and the Limits of Self-Sacrifice. Law and Philosophy 15 (1):65 - 74.
    American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  10. Larry Alexander (1993). Inculpatory and Exculpatory Mistakes and the Fact/Law Distinction: An Essay in Memory of Myke Balyes. [REVIEW] Law and Philosophy 12 (1):33 - 70.
    Remove from this list | Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  11. Larry Alexander (1993). Practical Reason and Statutory Interpretation. Law and Philosophy 12 (3):319 - 328.
    I examine the "practical reason" approach to statutory interpretation, according to which the interpreter should look not only to text, legislative history, and other indicia of legislative intent, but also to post-enactment history and current values. I argue that if "practical reason" represents an epistemology of statutory interpretation, its proponents owe us an account of statutory ontology, without which their claims cannot be evaluated. On the other hand, if the practical reason approach claims to be itself an account of statutory (...)
    Remove from this list | Direct download (8 more)  
     
    My bibliography  
     
    Export citation  
  12. Robert Alexy (1992). Rights, Legal Reasoning and Rational Discourse. Ratio Juris 5 (2):143-152.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  13. Fernando Atria Lemaître (2001). On Law and Legal Reasoning. Hart Pub..
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  14. F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
    This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  15. Brian Barry (1994). In Defense of Political Liberalism. Ratio Juris 7 (3):325-330.
  16. Lawrence C. Becker (1973). Analogy in Legal Reasoning. Ethics 83 (3):248-255.
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  17. Carolyn Benson & Julian Fink (2012). Legal Oughts, Normative Transmission, and the Nazi Use of Analogy. Jurisprudence 3 (2):445-463.
    In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...)
    Remove from this list |
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  18. Brian Bix (2004). A Dictionary of Legal Theory. Oxford University Press.
    Modern legal theory contains a wide range of approaches and topics: from economic analysis of law to feminist legal theory to traditional analytical legal philosophy to a range of theories about justice. This healthy variety of jurisprudential work has created a problem: students and theorists working in one tradition may have difficulty understanding the concepts and terminology of a different tradition. This book works to make terminology and ways of thinking accessible. This dictionary covers topics from 'the autonomy of law' (...)
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  19. Brian Bix (ed.) (1998). Analyzing Law: New Essays in Legal Theory. Oxford University Press.
    Analyzing Law offers an important selection of the most influential and challenging work now being done in legal theory. A central focus of the essays in this work is the contribution of the well-known philosopher Jules Coleman to the various topics which are covered by the contributors.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  20. Scott Brewer (ed.) (1998). Evolution and Revolution in Theories of Legal Reasoning: Nineteenth Century Through the Present. Garland Pub..
    This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.Explores enduring questionsFocusing ...
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  21. Scott Brewer (ed.) (1998). Moral Theory and Legal Reasoning. Garland Pub..
    The articles in this volume consider at what stage of legal reasoning should a judge or lawyer make specifically moral judgments.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  22. Bartosz Brożek (2004). Defeasibility of Legal Reasoning. Kantor Wydawniczy "Zakamycze".
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  23. Eugenio Bulygin, Jean Louis Gardies & Ilkka Nilniluoto (eds.) (1985). MAN, LAW AND MODERN FORMS OF LIFE, Vol. 1 Law and Philosophy Library, Pp. 251-261. D. Reidel.
    In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of this short-sighted (...)
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  24. Brian E. Butler (2003). Aesthetics and American Law. Legal Studies Forum (1):203-220.
    Remove from this list |
    Translate to English
    |
     
    My bibliography  
     
    Export citation  
  25. Emanuela Ceva & Andrea Fracasso (2010). Seeking Mutual Understanding. A Discourse Theoretical Analysis of the WTO Dispute Settlement System. World Trade Review 9 (3):457-485.
    The WTO Dispute Settlement System (DSS) has been the object of many studies in politics, law, and economics focusing on institutional design problems. This paper contributes to such studies by accounting for the argumentative nature and sophisticated features of the DSS through a philosophical analysis of the procedures through which it is articulated. Jürgen Habermas's discourse theory is used as a hermeneutic device to disentangle the types of ‘orientations’ (compromise, consensus, and mutual understanding) pertaining to DSS procedures. We show that (...)
    Remove from this list |
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  26. S. Coval & J. Smith (1974). Some Structural Properties of Legal Reasoning. Philosophia 4 (4):560-561.
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  27. Julie Dickson, Interpretation and Coherence in Legal Reasoning. Stanford Encyclopedia of Philosophy.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  28. Daniel M. Farrell (1982). Moral and Legal Reasoning. Philosophical Topics 13 (1):171-174.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  29. Jane C. Ginsburg (2004). Introduction to Law and Legal Reasoning. Thomson/West.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  30. Stephen Guest (2002). Scott Veitch, Moral Conflict and Legal Reasoning:Moral Conflict and Legal Reasoning. Ethics 113 (1):179-182.
    Remove from this list | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  31. Klaus Günther (1995). Legal Adjudication and Democracy: Some Remarks on Dworkin and Habermas. European Journal of Philosophy 3 (1):36-54.
  32. Rosalind Ward Gwynne (2004). Logic, Rhetoric, and Legal Reasoning in the Qurʼān: God's Arguments. Routledgecurzon.
    Muslims have always used verses from the Qur'an to support opinions on law, theology, or life in general, but almost no attention has been paid to how the Qur'an presents its own precepts as conclusions proceeding from reasoned arguments. Whether it is a question of God's powers of creation, the rationale for his acts, or how people are to think clearly about their lives and fates, Muslims have so internalized Qur'anic patterns of reasoning that many will assert that the Qur'an (...)
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  33. Susan Haack (2009). Irreconcilable Differences? The Troubled Marriage of Science and Law. Law and Contemporary Problems 72 (1).
    Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes (...)
    Remove from this list |
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  34. Susan Haack (2008). Of Truth, in Science and in Law. Brooklyn Law Review 73 (2).
    Abstract: This paper responds to the question posed in the announcement of the conference at Brooklyn Law School at which it was presented: if and how [the inquiry into the reliability of proffered scientific testimony mandated by Daubert] relates to 'truth,' and whose view of the truth should prevail. The first step is to sketch the legal history leading up to Daubert, and to explore some of the difficulties Daubert brought in its wake; the next, to develop an account of (...)
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  35. Carole D. Hafner & Donald H. Berman (2002). The Role of Context in Case-Based Legal Reasoning: Teleological, Temporal, and Procedural. [REVIEW] Artificial Intelligence and Law 10 (1-3):19-64.
    Computational models of relevance in case-based legal reasoning have traditionallybeen based on algorithms for comparing the facts and substantive legal issues of aprior case to those of a new case. In this paper we argue that robust models ofcase-based legal reasoning must also consider the broader social and jurisprudentialcontext in which legal precedents are decided. We analyze three aspects of legalcontext: the teleological relations that connect legal precedents to the socialvalues and policies they serve, the temporal relations between prior andsubsequent (...)
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  36. Charles Kelbley (1997). Legal Reasoning and Political Conflict. International Philosophical Quarterly 37 (4):475-477.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  37. Hannu Tapani Klami, Johanna Sorvetulla & Minna Hatakka (1991). Evidence and Legal Reasoning: On the Intertwinement of the Probable and the Reasonable. [REVIEW] Law and Philosophy 10 (1):73 - 107.
    The facts to be proven in a lawsuit can be more or less probable. But the recognition of the relevant facts may require discretion or evaluative operations; moreover, a just and equitable interpretation of a contract may depend on what the contracting parties knew about the intentions of each other. Can, e.g., negligence be more or less probable? Can Ought be proven? There is, however, a structural similarity between legal interpretation and the evalution of evidence and not only an intertwinement (...)
    Remove from this list | Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  38. Matthew H. Kramer (2008). Is Law's Conventionality Consistent with Law's Objectivity? Res Publica 14 (4):241-252.
    Legal positivism’s multi-faceted insistence on the separability of law and morality includes an insistence on the thoroughly conventional status of legal norms as legal norms. Yet the positivist affirmation of the conventionality of law may initially seem at odds with the mind-independence of the existence and contents and implications of legal norms. Mind-independence, a central aspect of legal objectivity, has been seen by some theorists as incompatible with the mind-dependence of conventions. Such a perception of incompatibility has led some anti-positivist (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  39. Grant Lamond, Precedent and Analogy in Legal Reasoning. Stanford Encyclopedia of Philosophy.
    Remove from this list | Direct download  
     
    My bibliography  
     
    Export citation  
  40. Barbara Baum Levenbook (1984). On Universal Relevance in Legal Reasoning. Law and Philosophy 3 (1):1 - 23.
    The purpose of this essay is to defend a claim that a certain consideration, which I call unworkability, is universally and necessarily relevant to legal reasoning. By that I mean that it is a consideration that must carry legal weight in the justification of some judicial decisions in every legal system in which (1) all disputed matters of law can be adjudicated, and (2) all judicial decisions are to be legally justified. Unworkability's necessary relevance has important implications for a theory (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  41. Barbara Baum Levenbook (1984). The Role of Coherence in Legal Reasoning. Law and Philosophy 3 (3):355 - 374.
    Many contemporary philosophers of law agree that a necessary condition for a decision to be legally justified, even in a hard case, is that it coheres with established law. Some, namely Sartorius and Dworkin, have gone beyond that relatively uncontroversial claim and described the role of coherence in legal justification as analogous to its role in moral and scientific justification, on contemporary theories. In this, I argue, they are mistaken. Specifically, coherence in legal justification is sometimes specific to a branch (...)
    Remove from this list | Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  42. Neil MacCormick (2005). Rhetoric and the Rule of Law: A Theory of Legal Reasoning. Oxford University Press.
    This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  43. Neil Maccormick (1982). Legal Reasoning and Practical Reason. Midwest Studies in Philosophy 7 (1):271-286.
    Remove from this list | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  44. Neil MacCormick (1978). Legal Reasoning and Legal Theory. Oxford University Press.
    This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  45. Bruce L. Miller (1985). Legal Reasoning. Teaching Philosophy 8 (2):167-169.
  46. Philip Mullock (1966). The "Logic" of Legal Reasoning. Mind 75 (297):128-130.
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  47. Jeffrey Nesteruk & David T. Risser (1993). Conceptions of the Corporation and Ethical Decision Making in Business. Business and Professional Ethics Journal 12 (1):73-89.
  48. Matti Ilmari Niemi (2010). Form and Substance in Legal Reasoning: Two Conceptions. Ratio Juris 23 (4):479-492.
    There are two possible ways to understand form and substance in legal reasoning. The first refers to the distinction between concepts and their applications, whereas the second concentrates on the difference between authoritative and non-authoritative reasons. These approaches refer to the formalistic and positivistic conceptions of the law, the latter being the author's point of departure. Nevertheless, they are both helpful means of analysis in legal interpretation. Interpretation is divided into formal and substantive justification. They have certain functions and they (...)
    Remove from this list | Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  49. Aleksander Peczenik (1993). Why Shall Legal Reasoning Be Coherent? In K. B. Agrawal & R. K. Raizada (eds.), Sociological Jurisprudence and Legal Philosophy: Random Thoughts On. University Book House.
    Remove from this list |
     
    My bibliography  
     
    Export citation  
  50. Aleksander Peczenik (1988). Legal Reasoning as a Special Case of Moral Reasoning. Ratio Juris 1 (2):123-136.
    Remove from this list | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
1 — 50 / 239