On Law and Logic

Ratio Juris 9 (4):331-348 (1996)
The main purpose of this paper is to explore the role played by logic in the legal domain. In the traditional conception which underlies the movement of codification, judges are able to find in the legal system (the Master System) a unique answer for every legal problem. This entails its completeness, consistency and the possibility of deriving from it the contents of all judicial decisions. Although the ideal model of this conception is supported by important theoretical and political ideals, it has significant shortcomings. The elements of normative systems (Master Systems) are “norms” and not mere “norm-formulations.” A “norm” is the meaning attributed to normative linguistic expressions. The set of all normative expressions, such as statutes, codes, etc. forms what is called the Master Book. One of the main problems for the ideal model is the identification of a normative system behind the Master Book. Interpretative arguments are the tools designed to solve these problems. Although the requirements of the model are not totally fulfilled in actual practice, it remains as an effective ideal rational goal behind legal activities linked to adjudication and most theoretical approaches to law.
Keywords Legal reasoning  Legal interpretation
Categories (categorize this paper)
DOI 10.1111/j.1467-9337.1996.tb00250.x
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history
Request removal from index
Download options
Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 25,662
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA
An Improved Factor Based Approach to Precedential Constraint.Adam Rigoni - 2015 - Artificial Intelligence and Law 23 (2):133-160.

Add more citations

Similar books and articles
In Defense of the Law of Noncontradiction.Edward N. Zalta - 2004 - In J. C. Beall, B. Armour-Garb & G. Priest (eds.), The Law of Noncontradiction: New Philosophical Essays. Oxford University Press.
Judaic Logic.Avi Sion - 1995 - Lulu.com.
Jumps and Logic in the Law.Aleksander Peczenik - 1996 - Artificial Intelligence and Law 4 (3-4):297-329.

Monthly downloads

Added to index


Total downloads

79 ( #62,928 of 2,143,793 )

Recent downloads (6 months)

5 ( #163,222 of 2,143,793 )

How can I increase my downloads?

My notes
Sign in to use this feature

There  are no threads in this forum
Nothing in this forum yet.

Other forums