LEP Library of Exact Philosophy

Law and Logic

A Critical Account of Legal Argument

Authors: Horovitz, Joseph

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About this book

This book has two related aims: to investigate the frequently voiced claim that legal argument is nonformal in nature and, within the limits of such an investigation, to ascertain the most general proper­ ties of law as a rational system. Examination of a number of views of legal argument, selected from recent discussions in Germany, Belgium, and the English-speaking countries, will lead to the follow­ ing main conclusions. The nonformalistic conceptions of the logic of legal argument are ambiguous and unclear. Moreover, insofar as these conceptions are capable of clarification in the light of recent analytical methodology, they can be seen to be either mistaken or else compatible with the formalistic position. Because law is socially directive and coordinative, it is dependent upon theoretical psycho­ sociology and calls, in principle, for a deontic and inductive logic. The primary function of legal argument is to provide continuing reinterpretation and confirmation of legal rules, conceived as theo­ retical prescriptions. On the basis of this conception, the old juris­ prudential conflict between formalism and rule-scepticism appears substantially resolved. Aristotle, the founder of the theory of argument, conceived it as "the science of establishing conclusions" (bnO'l;~fl'YJ &no~e!"u,,~), designed to guide people in rational argumentation. In time, how­ ever, logic forsook its practical function and developed as a highly abstract and disinterested study, today called "formal logic"; and the theory of practical argument was either neglected or relegated to an appendix to rhetoric.

Table of contents (8 chapters)

  • General Introduction

    Horovitz, Joseph

    Pages 1-15

    Preview Buy Chapter 30,19 €
  • A Pseudoformalistic Position: Klug

    Horovitz, Joseph

    Pages 18-52

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  • Two Nonformalistic Positions: Engisch and Simitis

    Horovitz, Joseph

    Pages 53-65

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  • An Axiologistic Position: Heller

    Horovitz, Joseph

    Pages 65-82

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  • The Belgian Discussion

    Horovitz, Joseph

    Pages 83-133

    Preview Buy Chapter 30,19 €

Buy this book

eBook 59,49 €
price for Spain (gross)
  • ISBN 978-3-7091-7111-0
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Softcover 72,79 €
price for Spain (gross)
  • ISBN 978-3-211-81066-8
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
Law and Logic
Book Subtitle
A Critical Account of Legal Argument
Authors
Series Title
LEP Library of Exact Philosophy
Series Volume
8
Copyright
1972
Publisher
Springer-Verlag Wien
Copyright Holder
Springer-Verlag/Wien
eBook ISBN
978-3-7091-7111-0
DOI
10.1007/978-3-7091-7111-0
Softcover ISBN
978-3-211-81066-8
Series ISSN
0075-9104
Edition Number
1
Number of Pages
XVI, 214
Topics