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Logic in Law

Remarks on Logic and Rationality in Normative Reasoning, Especially in Law

  • Book
  • © 1989

Overview

Authors:
  1. Arend Soeteman

    1. Free University of Amsterdam, The Netherlands

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Part of the book series: Law and Philosophy Library (LAPS, volume 6)

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Table of contents (9 chapters)

  1. Front Matter

    Pages i-xii
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  2. Logic

    • Arend Soeteman
    Pages 1-22

  3. Normative Judgements

    • Arend Soeteman
    Pages 23-46

  4. The Possibility of Deontic Logic

    • Arend Soeteman
    Pages 47-75

  5. Prolegomena for a Deontic Logic

    • Arend Soeteman
    Pages 76-91

  6. A Standard System of Deontic Logic

    • Arend Soeteman
    Pages 92-107

  7. The Norm-Content of the Standard System

    • Arend Soeteman
    Pages 108-131

  8. The Negation of Normative Expressions: Weak and Strong Permission, Particularly in Law

    • Arend Soeteman
    Pages 132-182

  9. Conditional Norms

    • Arend Soeteman
    Pages 183-208

  10. The Meaning of Logic for Normative Reasoning

    • Arend Soeteman
    Pages 209-275

  11. Back Matter

    Pages 276-326
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Keywords

About this book

The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.

Authors and Affiliations

  • Free University of Amsterdam, The Netherlands

    Arend Soeteman

Bibliographic Information

  • Book Title: Logic in Law

  • Book Subtitle: Remarks on Logic and Rationality in Normative Reasoning, Especially in Law

  • Authors: Arend Soeteman

  • Series Title: Law and Philosophy Library

  • DOI: https://doi.org/10.1007/978-94-015-7821-9

  • Publisher: Springer Dordrecht

  • eBook Packages: Springer Book Archive

  • Copyright Information: Springer Science+Business Media Dordrecht 1989

  • Hardcover ISBN: 978-0-7923-0042-7Published: 31 December 1988

  • Softcover ISBN: 978-90-481-4035-0Published: 08 December 2010

  • eBook ISBN: 978-94-015-7821-9Published: 14 March 2013

  • Series ISSN: 1572-4395

  • Series E-ISSN: 2215-0315

  • Edition Number: 1

  • Number of Pages: XII, 326

  • Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Logic

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