Editors:
- Emphasizes the practical, supported by legal-philosophical analyses
- A thorough treatise presenting contemporary state of art as regards the application of logic to the problems of legislation
- Written by logicians, legal philosophers and AI and Law specialists
- Provides valuable insights for researchers and legislative drafters
Part of the book series: Legisprudence Library (LEGIS, volume 2)
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Table of contents (20 chapters)
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Front Matter
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From the Theory…
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Front Matter
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…to the Practice of Lawmaking
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Front Matter
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About this book
This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making.
Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics.
The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law.
How does logic inform lawmaking?
Are legal systems consistent and complete?
How can legal rules be represented by means of formal calculi and visualization techniques?
Does the structure of statutes or of legal systems resemble the structure of deductive systems?
What are the logical relations between the basic concepts of jurisprudence that constitute the system of law?
How are theories of legal interpretation relevant to the process of legislation?
How might the statutory text be analysed by means of contemporary computer programs?
These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
Keywords
- Approach AI application in Law
- Concepts in Law
- Context of Legislation
- Definition in Law
- Deontic Terms and Sentences in Law
- Legal Knowledge Modeling
- Legal Rule XML Standards
- Legal System
- Legal risk taking
- Logic and Legislation
- Logic of the dynamics of legal systems
- Logic, Legislation and Legal Reasoning
- Methodologies and technologies
- Normative Consequence
- Obey the Laws of Logic
- Semantic logical theory
- Statutory Text
- Statutory legal norms
- Uniform Commercial Code
Editors and Affiliations
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Department of Legal Theory, Jagiellonian University Faculty of Law and Administration, Kraków, Poland
Michał Araszkiewicz, Krzysztof Płeszka
Bibliographic Information
Book Title: Logic in the Theory and Practice of Lawmaking
Editors: Michał Araszkiewicz, Krzysztof Płeszka
Series Title: Legisprudence Library
DOI: https://doi.org/10.1007/978-3-319-19575-9
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2015
Hardcover ISBN: 978-3-319-19574-2Published: 15 October 2015
Softcover ISBN: 978-3-319-37146-7Published: 23 August 2016
eBook ISBN: 978-3-319-19575-9Published: 05 October 2015
Series ISSN: 2213-2813
Series E-ISSN: 2213-2856
Edition Number: 1
Number of Pages: XXVI, 556
Topics: Theories of Law, Philosophy of Law, Legal History, Logic, Philosophy of Law