Bongiovanni, G., Postema, G., Rotolo, A., Sartor, G., Walton, D. (Eds.)
2016, 550 p.
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The first work to provide a comprehensive, thematic and systematic account of legal reasoning
The first work on legal reasoning which systematically discusses it in relation to logics and philosophies of practical reason
A multidisciplinary focus provides a good balance of formal (logical), philosophical and legal aspects
This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types (and problems) of reasoning.
Content Level »Research
Keywords »Abductive Reasoning - Application of Law - Argumentation - Basic Concepts of Legal Reasoning - Case-based Reasoning - Constitutional Adjunction - Deductive Reasoning - Defeasible Reasoning - Deontic Reasoning - Economics - Efficiency - Evidential Reasoning - General Forms of Reasoning - Individual Choice - Individual Rational Choice - Inductive Reasoning - Interactive Decision Theory - Interpretative Arguments - Law - Legal Analogy - Legal Philosophy - Legal Reasoning - Legal Theory - Logic - Logical-philosophical Perspectives - Morality - Norms - Philosophy of Law - Precedent - Rational Choice - Reasoning - Reasoning and Argumentation - Reasoning and the Law - Reasoning by Analogy - Rights and Propotionality - Special Kinds of Legal Reasoning - Systemization of Law - Teleological Reasoning - Values