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This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
Sommario
Contributors. - Introduction.- PART I Basic Concepts for Legal Reasoning.- Chapter 1 Reasons (and Reasons in Philosophy of Law); Giorgio Bongiovanni.- Chapter 2 Reasons in Moral Philosophy; Carla Bagnoli.- Chapter 3 Legal Reasoning and Argumentation; Douglas Walton.- Chapter 4 Norms in Action: a Logical Perspective; Emiliano Lorini.- Chapter 5 Of Norms; Jaap Hage.- Chapter 6 Values; Carla Bagnoli.- Chapter 7 The Goals of Norms; Cristiano Castelfranchi.- Chapter 8 Authority; Kenneth E. Himma.- Chapter 9 The Authority of Law; Veronica Rodriguez-Blanco.- PART II Kinds of Reasoning and the Law.- Chapter 1 Deductive and Deontic Reasoning; Antonino Rotolo.- Chapter 2 Inductive, Abductive, and Probabilistic Reasoning; Burkhard Schafer and Colin Aitken.- Chapter 3 Defeasibility in Law; Giovanni Sartor.- Chapter 4 Analogical Arguments; Bartosz Brozek.- Chapter 5 Choosing Ends and Choosing Means: Teleological Reasoning in Law; Lewis Kornhauser.- Chapter 6 Interactive Decision-Making and Morality; Wojciech Zaluski.- PART III Special Kinds of Legal Reasoning.- Chapter 1 Evidential Reasoning; Marcello Di Bello and Bart Verehij.- Chapter 2 Interpretative Arguments and the Application of the Law; José Juan Moreso and Samuele Chilovi.- Chapter 3 Statutory Interpretation as Argumentation; Fabrizio Macagno, Giovanni Sartor, and Douglas Walton.- Chapter 4 Varieties of Vagueness in the Law; Andrei Marmor.- Chapter 5 Balancing, Proportionality and Constitutional Rights; Giorgio Bongiovanni and Chiara Valentini.- Chapter 6 Coherence and Systematization in Law; Maria Amalia Amaya Navarro.- Chapter 7 Precedent and Legal Analogy; Kevin Ashley.- Chapter 8 Economic Logic and Legal Logic; Lewis Kornhauser.- Index of Names.- Index of Subjects.
Info autore
Giorgio Bongiovanni is Professor of Philosophy of Law at the University of Bologna Law School (Italy). He has published widely in constitutional theory, legal theory, metaethics and normative ethics, the theory of legal interpretation, the foundations of practical reason, the history of legal theory and philosophy, and the history and philosophy of politics.
Gerald J. Postema is Cary C. Boshamer Professor of Philosophy and Professor of Law at the University of North Carolina at Chapel Hill (USA). He has published extensively in legal and political philosophy and ethics. Former Guggenheim and Rockefeller fellow, and fellow of the Netherlands Institute for Advanced Studies and the National Humanities Center.
Antonino Rotolo is Associate Professor of Philosophy of Law at the University of Bologna Law School (Italy). He has also extensively written on formal methods for practical and legal reasoning, logics for artificial intelligence, artificial intelligence and law, and philosophical logic. He served as a reviewer for many international journals and as a member of the programme committee of international conferences and workshops.
Riassunto
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
