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Reasoning with Rules Jaap Hage

Reasoning with Rules By Jaap Hage

Reasoning with Rules by Jaap Hage


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Summary

This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons.

Reasoning with Rules Summary

Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic by Jaap Hage

Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.

Table of Contents

I Introduction.- II Of Reasons.- III Reasoning with Rules.- IV Reason-Based Logic.- V Applications of Reason-Based Logic.- VI Concluding Observations.- References.- Index of Names.- Index of Subjects.

Additional information

NPB9780792343257
9780792343257
0792343255
Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic by Jaap Hage
New
Hardback
Springer
1996-11-30
266
N/A
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