Download Free Logica Juridica Book in PDF and EPUB Free Download. You can read online Logica Juridica and write the review.

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.
The present volume has been planned and prepared in meetings of the Research Committee for the Sociology of Law of the International Sociological Association at the initiative of its chairman, Renato Treves, who also took upon himself editorial responsibility. The first edition of the volume appeared in Italian under the title La socioZogia deZ diritto. ProbZemi e ricerche. It was published in Milano, August I966. The present English edition has the same contents as the Italian volume with the addition of a concluding chapter by J an Glastra van Loon. This publication was undertaken with the purpose of presenting a survey of recent trends in sociology of law in various countries of the world. We hope that the growing interest in the discipline, as evidenced by the large number of publications issued since the Italian edition of this volume, * may be considered as justification for this undertaking. J. v. L. R. T. * We should like to refer to the Law and Society Review published in the United States, to the issue of Acta Sociologica, September 1966, devoted to sociology of law, and finally to the many papers submitted to and discussed at the meetings of the Research Committee for the Sociology of Law during the VIth World Congress of Sociology at Evian. INTRODUCTION by RENATO TREVES I. The sociology 0/ law in its traditional sense and in its more recent developments. Origin and obfects 0/ this work.
This book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.
This book presents Robert S. Hartman’s formal theory of value and critically examines many other twentieth century value theorists in its light, including A.J. Ayer, Kurt Baier, Brand Blanshard, Paul Edwards, Albert Einstein, William K. Frankena, R.M. Hare, Nicolai Hartmann, Martin Heidegger, G.E. Moore, P.H. Nowell-Smith, Jose Ortega y Gasset, Charles Stevenson, Paul W. Taylor, Stephen E. Toulmin, and J.O. Urmson. Open Access funding for this volume has been provided by the Robert S. Hartman Institute.
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
For a North American seeking to know the Mexican mind, and especially the sciences today and in their recent development, a great light of genius is to be found in Mexico City in the late 17th century. Tbe genius is that of one who surely may be counted as the first Mexican philosopher of nature, a nun of the Order of Saint Jerome: Sor Juana Ines de la Cruz. Sor Juana must speak for herself, from her penetrating exercise of an independent mind within a political and religious formation which denigrated women and circumscribed reason itself. To understand this world of ours, to join in an enlightenment which would be both natural and inspired, Sor Juana clearly understood the requirements of leaming, observing, logic and reasoning. In darkness foundering Words fail the troubled mind. For who, I ask, can light me When Reason is blind? Even now, after the great steps toward liberation of women, and the substantial scientific contributions toward sheer empirical awareness of both the multiple orders ofNature and the subtle aesthetics ofindividual art and social harmony, we too in the earthly world of the 20th century must affirm what she affirmed.
El presente manuscrito es una compilación de diversas Locuciones Latinas en Materia Jurídica. No es una guía de Derecho. Tampoco una exposición doctrinaria de las locuciones plasmadas, sólo se busca mostrar sencillamente, algunas locuciones y vocablos visualizados en diversos textos, cuyos autores se exponen en la bibliografía, haciendo con mucho respeto hacia ellos. De inicio se muestra un capítulo de "introducción", con lo que se busca explicar la importancia del contenido, se detalla una "breve historia romana" alusiva a los "orígenes de la península italiana", los "pueblos que conformaron la península itálica", sobre todo los pueblos que se establecieron en la región del Lazio, (centro-sur de Italia), los etruscos, (norte-centro de Italia) y los colonizadores griegos que se establecieron en el sur de Italia, todos ellos contribuyeron al crecimiento de Roma a partir de su fundación en el siglo VIII a.C. La obra de "Rómulo y Remo", "La Monarquía", "La República, "El Imperio" (sus emperadores y su ocaso); cómo surge el "Derecho Romano", y "el uso del latín en el derecho". Con la explicación breve en cada una de las locuciones y vocablos, (de las de mayor importancia), se busca explicar el sentido de las mismas, es decir, lo que pensaron y quisieron decirnos los antiguos jurisconsultos romanos. De manera general, se muestra brevemente la historia romana, la conformación del Derecho y las locuciones con una breve explicación.
In the study of forms of legal reasoning, logic and argumentation theory long followed separate tracks. `Legal logicians' tended to focus on a deductive reconstruction of justifying a decision, disregarding the dialectical process leading to the chosen justification. Others instead emphasized the adversarial and discretionary nature of legal reasoning, involving reasonable evaluation of alternative choices, and the use of analogical reasoning. Recently, however, developments in Artificial Intelligence and Law have paved the way for overcoming this separation. Logic has widened its scope to defensible argumentation, and informal accounts of analogy and dialectics have inspired the construction of computer programs. Thus the prospect is emerging of an integrated logical and dialectical account of legal argument, adding to the understanding of legal reasoning, and providing a formal basis for computer tools that assist and mediate legal debates while leaving room for human initiative. This book presents contributions to this development. From a logical point of view it covers topics such as evaluating conflicting arguments, weighing reasons, modelling legal disputes as a dialogue game, the role of the burden of proof, the relation between principles, rules, reasons and facts, and the relation between deductive and nondeductive arguments. Written by leading scholars in the field and building on recent developments in logic and Artificial Intelligence, the chapters provide a state-of-the-art account of research on the logical aspects of legal argument.
Hartman's revolutionary book introduces formal orderly thinking into value theory. It identifies three basic kinds of value, intrinsic goods (e.g., people as ends in themselves), extrinsic goods (e.g., things and actions as means to ends), and systemic goods (conceptual values). All good things share a common formal or structural pattern: they fulfill the ideal standards or "concepts" that we apply to them. Thus, this theory is called "formal axiology." Some values are richer in good-making property-fulfillment than others, so some desirable things are better than others and form patterned hierarchies of value. How we value is just as important as what we value, and evaluations, like values, share structures or formal patterns, as this book demonstrates. Hartman locates all of this solidly within the framework of historical value theory, but he moves successfully and creatively beyond philosophical tradition and toward the creation of a new value science.