Methods of Legal Reasoning

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Format: Hardcover
Pub. Date: 2006-11-03
Publisher(s): Springer Nature
List Price: $149.99

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Summary

The book attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. Apart from a presentation of basic ideas connected with the above mentioned methods, the essays contained in this book seek to answer questions concerning the assumptions standing behind these methods, the limits of using them and their usefulness in the practice and theory of law. A specific feature of the book is that in one study four different, sometimes competing concepts of legal method are discussed. The panorama, sketched like this, allows one to reflect deeply on the questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method. The authors argue that there exists no such method. They claim that the methodologies presented in the book may serve as a basis for constructing a coherent and useful conception of legal thinking. Any such conception, however, must recognize its own assumptions and limitations, resulting from adopting a specific philosophical stance.

Table of Contents

Controversy over Legal Method in the Nineteenth and Twentieth Centuries
1(16)
Three Stances
1(8)
The Rejection of Method
1(1)
Methodological Heteronomy
2(4)
Methodological Autonomy
6(3)
Methods of Legal Reasoning
9(3)
Logic -- Analysis -- Argumentation -- Hermeneutics
12(5)
Logic
17(52)
Introduction
17(3)
Classical Logic: Propositional Logic and First Order Predicate Logic
20(9)
Presentation of Calculi
20(3)
Paradoxes of Material Implication
23(1)
Examples
24(5)
Deontic Logic
29(11)
Possible World Semantics
29(1)
Deontic Logic
30(3)
Paradoxes of Deontic Logic
33(2)
Examples
35(5)
Logic of Action and Logic of Norms
40(9)
Two Types of Obligation
40(1)
Logic of Action
41(5)
Jørgensen Dilemma
46(3)
Defeasible Logic
49(14)
The Concept of Defeasibility
49(2)
Defeasible Logic
51(2)
Objections Against Nonmonotonic Logic
53(1)
Examples
54(9)
Two Remarks
63(1)
Summary
63(6)
Analysis
69(42)
Introduction
69(6)
The Notion of Analysis
69(1)
History of the Concept
70(2)
Analytic Philosophy
72(3)
Linguistic Analysis
75(17)
History and Basic Assumptions of Linguistic Analysis
75(3)
Legal Conceptual Scheme
78(4)
Speech Acts Theory
82(7)
The Method and Its Limits
89(3)
Economic Analysis of Law
92(13)
Law and Economics
92(2)
Idea of Economization
94(3)
Limits of the Method
97(7)
Conclusions
104(1)
Summary
105(6)
Features of Analysis
105(1)
Analysis in Law
105(6)
Argumentation
111(56)
Introduction
111(19)
Philosophies of Argumentation
112(11)
Criteria of a Practical Discourse
123(7)
Two Conceptions of a Legal Discourse
130(15)
The Topical--Rhetorical Conception of Legal Discourse
132(7)
Procedural Conception of Legal Discourse
139(6)
Legal Argumentation
145(22)
Claim to Universality
146(1)
Structure of Legal Discourse
147(16)
Applications
163(4)
Hermeneutics
167(44)
Introduction
167(8)
The Beginnings of Hermeneutics
167(6)
What Do We Not Know About Hermeneutics?
173(2)
Hermeneutics as Epistemology
175(12)
Methodological Current in Philosophical Hermeneutics
176(7)
Legal Receptions
183(4)
Hermeneutics as Ontology
187(11)
Ontology of Understanding
188(5)
Legal Receptions
193(5)
The Understanding of the Law
198(13)
Claim to Universality
199(1)
The Nature of Hermeneutic Cognition
200(5)
Applications
205(6)
Methods of Legal Reasoning from a Postmodern Perspective
211(12)
A Summary
211(3)
Dilemmas of the Contemporary Philosophy of Law
214(2)
The Epistemological Approach
216(3)
Unfinished Projects
219(4)
Index of Names 223(4)
Subject Index 227

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