Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying LogicRule-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. |
Contents
INTRODUCTION | 1 |
OF REASONS | 11 |
B A CAUSAL ACCOUNT OF REASONS | 34 |
C REASONS AND PRINCIPLES | 46 |
D KINDS OF REASONS | 59 |
REASONING WITH RULES | 78 |
REASONBASED LOGIC | 130 |
APPLICATIONS OF REASONBASED LOGIC | 159 |
CONCLUDING OBSERVATIONS | 203 |
B SEMANTICS FOR RULES | 215 |
C REASONBASED LOGIC IN COMPARISON | 227 |
D TWO METAPHORS OF REASONING | 245 |
Other editions - View all
Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic Jaap Hage Limited preview - 2013 |
Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic Jaap Hage No preview available - 2010 |
Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic Jaap Hage No preview available - 2014 |
Common terms and phrases
action affairs anankastic argument behaviour belief believe that Gloria Casey classificatory reasons concl conflict rules connection consequence constitutive reasons decision default default logic defeasible defeasible reasoning deontic collapse deontic reasons direction of fit domain theory epistemic reasons epistemic rules example excluded exclusionary reason existence extension Gloria's car goals and principles human_right incompatible instance institutional facts institutional rules internal realism interpretation legal principles legal reasoning legal rules legislator means Modus Ponens new_owner new_state normally norms obtain owner particular personal principles personal reasons point of view possible worlds predicate predicate logic premises principles and goals punishable john realised reason-based facts reasoning with rules reasons that plead relevant rent contract rule application rule conditions rule_1 rule's conclusion rules and principles rules of inference sentences set of reasons social reasons social rules soldier X theory thief john true truth value valid rule weighing reasons