Switch to: References

Add citations

You must login to add citations.
  1. The Unchangeable Judicial Formats.Paul van den Hoven - 2011 - Argumentation 25 (4):499-511.
    An analysis of a broad sample of Dutch judicial and semi-judicial decisions shows similar structures as the ones Bhatia and Mazzi found before. The question is posed what explains this seemingly unchangeable judicial format. From a perspective of argumentative and communicative efficacy and comprehensibility, the format is certainly not the optimal choice. The explanation is that the format is a sign of an ideology. The format suggests an objectivity of the decision taken. This is actually a myth. This makes a (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  • The Unchangeable Judicial Formats.Paul Hoven - 2011 - Argumentation 25 (4):499-511.
    An analysis of a broad sample of Dutch judicial and semi-judicial decisions shows similar structures as the ones Bhatia and Mazzi found before. The question is posed what explains this seemingly unchangeable judicial format. From a perspective of argumentative and communicative efficacy and comprehensibility, the format is certainly not the optimal choice. The explanation is that the format is a sign of an ideology. The format suggests an objectivity of the decision taken. This is actually a myth. This makes a (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  • From Conventions to Prescriptions. Towards an Integrated View of Norms.Rosaria Conte & Cristiano Castelfranchi - 1999 - Artificial Intelligence and Law 7 (4):323-340.
    In this paper, a model of norms as cognitive objects is applied to establish connections between social conventions and prescriptions. Relevant literature on this issue, especially found in AI and the social sciences, will be shown to suffer from a dychotomic view: a conventionalistic view proposed by rationality and AI scientists; and a prescriptive view proposed by some philosophers of law (Kelsen 1934/1979, Hart 1961, Ross, 1958).In the present work, the attempt is made to fill the gap between these views (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  • In Defense of Imperative Inference.Peter B. M. Vranas - 2010 - Journal of Philosophical Logic 39 (1):59 - 71.
    "Surrender; therefore, surrender or fight" is apparently an argument corresponding to an inference from an imperative to an imperative. Several philosophers, however (Williams 1963; Wedeking 1970; Harrison 1991; Hansen 2008), have denied that imperative inferences exist, arguing that (1) no such inferences occur in everyday life, (2) imperatives cannot be premises or conclusions of inferences because it makes no sense to say, for example, "since surrender" or "it follows that surrender or fight", and (3) distinct imperatives have conflicting permissive presuppositions (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   14 citations  
  • New Foundations for Imperative Logic I: Logical Connectives, Consistency, and Quantifiers.Peter B. M. Vranas - 2008 - Noûs 42 (4):529-572.
    Imperatives cannot be true or false, so they are shunned by logicians. And yet imperatives can be combined by logical connectives: "kiss me and hug me" is the conjunction of "kiss me" with "hug me". This example may suggest that declarative and imperative logic are isomorphic: just as the conjunction of two declaratives is true exactly if both conjuncts are true, the conjunction of two imperatives is satisfied exactly if both conjuncts are satisfied—what more is there to say? Much more, (...)
    Direct download (8 more)  
     
    Export citation  
     
    Bookmark   21 citations  
  • Law Making Environment: Model Based System for the Formulation, Research and Diagnosis of Legislation.Carlo Biagioli - forthcoming - Artificial Intelligence and Law.
  • L’Enjeu D’Un Droit Négocié Pour le Parc Amazonien de Guyane.Olivier Barrière & Jean-François Faure - 2012 - Natures Sciences Sociétés 20 (2):167-180.
    Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  • Argumentative Discourse as a Sign.Paul van den Hoven - unknown
    This paper discusses the text format of judicial and semi-judicial decisions. That format does not optimize comprehensibility. It should be understood as a sign that symbolizes an ideology. It symbolizes the values of an inevitable decision that follows from the facts and an a priori given coherent and complete legal system. The narrative text format with it stylistic features is also a very welcome instrument to hide the moments that this ideal is impracticable.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  • New Foundations for Imperative Logic Iii: A General Definition of Argument Validity.Peter B. M. Vranas - 2012 - Manuscript in Preparation.
    Besides pure declarative arguments, whose premises and conclusions are declaratives (“you sinned shamelessly; so you sinned”), and pure imperative arguments, whose premises and conclusions are imperatives (“repent quickly; so repent”), there are mixed-premise arguments, whose premises include both imperatives and declaratives (“if you sinned, repent; you sinned; so repent”), and cross-species arguments, whose premises are declaratives and whose conclusions are imperatives (“you must repent; so repent”) or vice versa (“repent; so you can repent”). I propose a general definition of argument (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Legal System and Practical Reason. On the Structure of a Normative Theory of Law.Jan-Reinard Sieckmann - 1992 - Ratio Juris 5 (3):288-307.
    It will be argued, firstly, that there is a link between the legal validity of a norm and the rational justifiability of a requirement that judges should apply this norm, based on a normative conception of legal validity and the postulate that judges should act as rational persons; secondly, that rational justifiability of legal norms requires the construction of a legal system in a model of principles that differs from theories, e.g., of Kelsen, Hart, Dworkin and Alexy, which are not (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • The Application of Paul Ricoeur’s Theory in Interpretation of Legal Texts and Legally Relevant Human Action.Marcin Pieniążek - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (3):627-646.
    The article presents possible applications of Paul Ricoeur’s theory in interpretation of legal texts and legally relevant human action. One should notice that Paul Ricoeur developed a comprehensive interpretation theory of two seemingly distant phenomena: literary texts and human action. When interrelating these issues, it becomes possible, on the basis of Ricoeur’s work, to construct a unified theory of the interpretation of legal texts and of legally relevant human action. What is provided by this theory for jurisprudence is the possibility (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  • Logic Without Truth.Carlos E. Alchourron & Antonio A. Martino - 1990 - Ratio Juris 3 (1):46-67.
  • The Role of Rules.Ota Weinberger - 1988 - Ratio Juris 1 (3):224-240.
    . The author conceives rules as action‐determining ideas. They are general and of hypothetical form, and they are of three semantic types: descriptive, technological, and normative rules. The most important categorisation of normative rules is the distinction between rules of behaviour and power‐conferring rules. Both kinds of rules are necessary to establish institutions. Principles are a special kind of normative rules. The social existence of normative rules is connected with their institutionalisation as frames for action. The dynamics of rules is (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Deontic Logic as Logic of Legal Norms: Two Main Sources of Problems.Tecla Mazzarese - 1991 - Ratio Juris 4 (3):374-392.
  • The Role and Nature of Freedom in Two Normative Theories of Democracy.Martin Šimsa - 2010 - Human Affairs 20 (2).
  • The Theory of Legal Dynamics Reconsidered.Ota Weinberger - 1991 - Ratio Juris 4 (1):18-35.
  • The Logic of Norms Founded on Descriptive Language.Ota Weinberger - 1991 - Ratio Juris 4 (3):284-307.
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  • Hans Kelsen's Normativist Reductionism.Enrico Pattaro - 2008 - Ratio Juris 21 (2):268-280.
    Abstract. This paper discusses Kelsen's attempt at reducing the concept of subjektives Recht (what is subjectively right) to that of objektives Recht (what is objectively right). This attempt fails, it is argued, because in Kelsen's theory the concept of subjektives Recht survives concealed within the concept of individual norm (individuelle Norm), a norm that, pace Kelsen, is not a case of what is objectively right (objektives Recht) but is precisely what is subjectively right (subjektives Recht): We could call it "what (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  • Normative Systems, Permission and Deontic Logic.Kazimierz Opa?Ek & Jan Woleński - 1991 - Ratio Juris 4 (3):334-348.
  • Defeating the Inference From General to Particular Norms.Mikael M. Karlsson - 1995 - Ratio Juris 8 (3):271-286.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  • An Empowerment Theory of Legal Norms.Stanley L. Paulson - 1988 - Ratio Juris 1 (1):58-72.
  • On Ideal Form, Empowering Norms, and "Normative Functions".Stanley L. Paulson - 1990 - Ratio Juris 3 (1):84-88.
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  • On the Nature of Norms.Peter Koller - 2014 - Ratio Juris 27 (2):155-175.
    This paper deals with the question of how norms are to be conceived of in order to understand their role as guidelines for human action within various normative orders, particularly in the context of law on the one hand and conventional morality on the other. After some brief remarks on the history of the term “norm,” the author outlines the most significant general features of actually existing social norms, including legal and conventional norms, from which he arrives at two basic (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Continental Normativism and Its British Counterpart: How Different Are They?Stanley L. Paulson - 1993 - Ratio Juris 6 (3):227-244.
    The separability thesis claims that the concept of law can be explicated independently of morality, the normativity thesis, that it can be explicated independently of fact. Continental normativism, prominent above all in the work of Hans Kelsen, may be characterized in terms of the coupling of these theses. Like Kelsen, H. L. A. Hart is a proponent of the separability thesis. And–a leitmotiv–both theorists reject reductive legal positivism. They do not, however, reject it for the same reasons. Kelsen's reason, in (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Ought-Sentences and the Juristic Description of Rules.Riccardo Guastini - 1991 - Ratio Juris 4 (3):308-321.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Towards a New Analytical Framework for Legal Communication.Hanneke van Schooten - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (3):425-461.
    This article develops a model first proposed in my book Jurisprudence and communication [67]. It takes as its starting point the generally conception that legal rules are valid norms, involving a normative content and expressing themselves in reality through observable conduct. This dualistic character of law is central. Law is both fiction and factual, ideal and real. But the viewpoint that a legal rule is a manifestation of validity in reality, through empirical acts, raises the question how rules as (valid) (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  • Normological Inferences and the Generation of Legal Norms.Ota Weinberger - 1995 - Ratio Juris 8 (3):261-270.
  • Norms That Confer Competence.Torben Spaak - 2003 - Ratio Juris 16 (1):89-104.
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  • Methodological Clarity or the Substantial Purity of Law? Notes on the Discussion Between Kelsen and Pitamic.Marijan Pavčnik - 2014 - Ratio Juris 27 (2):176-189.
    Leonid Pitamic was convinced that law could not be understood and explored by a single method aiming at a pure object of enquiry. He argued that it was necessary to employ other methods besides the normative one (especially the sociological and axiological methods), which, however, should not be confounded. Methodological syncretism can be avoided by clearly distinguishing between different aspects of law and by allowing the methods to support each other. By following this guideline, and by arguing according to a (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   2 citations