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Reasoning with Rules

An Essay on Legal Reasoning and Its Underlying Logic

  • Book
  • © 1997

Overview

Authors:
  1. Jaap C. Hage

    1. Department of Metajuridica, University of Maastricht, Maastricht, The Netherlands

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Part of the book series: Law and Philosophy Library (LAPS, volume 27)

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Table of contents (6 chapters)

  1. Front Matter

    Pages i-xiv
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  2. Introduction

    • Jaap C. Hage
    Pages 1-10

  3. Of Reasons

    • Jaap C. Hage
    Pages 11-77

  4. Reasoning with Rules

    • Jaap C. Hage
    Pages 78-129

  5. Reason-Based Logic

    • Jaap C. Hage
    Pages 130-158

  6. Applications of Reason-Based Logic

    • Jaap C. Hage
    Pages 159-202

  7. Concluding Observations

    • Jaap C. Hage
    Pages 203-254

  8. Back Matter

    Pages 255-266
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Keywords

About this book

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.

Authors and Affiliations

  • Department of Metajuridica, University of Maastricht, Maastricht, The Netherlands

    Jaap C. Hage

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