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Twelve-year-old Alli Rosco escapes her orphanage only to be hit with a deadly curse by a magic-wielding, law-enforcing Protector, and with nowhere else to turn and days to live, learns to steal from a street thief named Beck and follows him back to the legendary Thieves Guild, where she hopes to find a home and the means to save herself.
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.
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
Social norms are rules that prescribe what people should and should not do given their social surroundings and circumstances. Norms instruct people to keep their promises, to drive on the right, or to abide by the golden rule. They are useful explanatory tools, employed to analyze phenomena as grand as international diplomacy and as mundane as the rules of the road. But our knowledge of norms is scattered across disciplines and research traditions, with no clear consensus on how the term should be used. Research on norms has focused on the content and the consequences of norms, without paying enough attention to their causes. Social Norms reaches across the disciplines of sociology, economics, game theory, and legal studies to provide a well-integrated theoretical and empirical account of how norms emerge, change, persist, or die out. Social Norms opens with a critical review of the many outstanding issues in the research on norms: When are norms simply devices to ease cooperation, and when do they carry intrinsic moral weight? Do norms evolve gradually over time or spring up spontaneously as circumstances change? The volume then turns to case studies on the birth and death of norms in a variety of contexts, from protest movements, to marriage, to mushroom collecting. The authors detail the concrete social processes, such as repeated interactions, social learning, threats and sanctions, that produce, sustain, and enforce norms. One case study explains how it can become normative for citizens to participate in political protests in times of social upheaval. Another case study examines how the norm of objectivity in American journalism emerged: Did it arise by consensus as the professional creed of the press corps, or was it imposed upon journalists by their employers? A third case study examines the emergence of the norm of national self-determination: has it diffused as an element of global culture, or was it imposed by the actions of powerful states? The book concludes with an examination of what we know of norm emergence, highlighting areas of agreement and points of contradiction between the disciplines. Norms may be useful in explaining other phenomena in society, but until we have a coherent theory of their origins we have not truly explained norms themselves. Social Norms moves us closer to a true understanding of this ubiquitous feature of social life.
Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the author’s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their original versions. The emphasis is on analysis, not on logical technicalities. Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules. Moreover, it contains a new, simplified and yet more powerful version of Reason-based Logic and extensive examples of how it can be used for the analysis of legal reasoning. The examples deal with legal theory construction, case-based reasoning, and judicial proof.
This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.
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This book presents research in an interdisciplinary field, resulting from the vigorous and fruitful cross-pollination between traditional deontic logic and computer science. AI researchers have used deontic logic as one of the tools in modelling legal reasoning. Computer scientists have discovered that computer systems (including their interaction with other computer systems and with human agents) can often be productively modelled as norm-governed. So, for example, deontic logic has been applied by computer scientists for specifying bureaucratic systems, access and security policies, and soft design or integrity constraints, and for modelling fault tolerance. In turn, computer scientists and AI researchers have also discovered (and made it clear to the rest of us) that various formal tools (e.g. nonmonotonic, temporal and dynamic logics) developed in computer science and artificial intelligence have interesting applications to traditional issues in deontic logic. This volume presents some of the best work done in this area, with the selection at once reflecting the general interdisciplinary (and international) character that this area of research has taken on, as well as reflecting the more specific recent inter-disciplinary developments between traditional deontic logic and computer science.
China now leads the world in number of registered trademarks. In recent years, however, higher volumes of enforcement have not brought about the end of trademark theft and counterfeiting. Consequently, most Westerners doing business in China (or preparing to do so) have negative views of the country’s system of intellectual property rights. This powerful book, by the world’s most experienced authority on how law and business interact in China’s trademark context, provides deeply informed and positive guidance for foreign brand owners seeking strategies that realistically engage with the Chinese legal and business landscape, thus showing how to reduce risk and benefit from the actually existing system. The author sets forth "rules of engagement" - strategic rules of conduct that provide guidance as to how to learn, understand, and approach trademark challenges in China in an objective manner. Issues and topics covered include the following: • acquisition of trademark rights in China; • infringement of trademark rights and claim basis; • preparatory investigation and case build-up; • available enforcement tools and procedures; • remedial strategies responding to trademark theft; • evidentiary burdens in proving infringement; • geographic location and specific characteristics of counterfeiting hubs; • privileged relations between investigative companies and enforcing authorities; and • increasing presence of online professional trademark thieves. Detailed discussion of a number of cases (in fields including automotive, clothing, wine, pharmaceuticals, electronic devices, and sports apparel) isolate certain common patterns and prove that, aside from certain malfunctions of the trademark system, a substantial amount of responsibility for failure can be laid with the brands and not with China’s enforcement authorities. With its comprehensive strategic approaches to dealing with trademark protection and enforcement in China, and its challenges to common legal thinking in the field, this book proposes and delivers new creative strategic solutions to unresolved problems related to trademarks in China. Interested lawyers and business persons can use the revelations about how anti-counterfeiting really works in China to help China bring about a change in the way state bodies enforce trademark rights. With the use of this book, lawyers counseling and advising clients on their China trademark portfolios and trademark protection strategies will bring great advantage to the brands they serve.
This title was first published in 2003. The "Red Mafia" in Russia have become the subject of increasing international interest and considerable misinterpretation. After well-received editions in Russian, French and Italian, Anton Oleinik's study of Russian prisons, in which he explores the social roots of organized crime in post-Soviet societies, is now published in English. This English edition includes a postscript on the Moscow terrorist crisis of 2002. Oleinik's analysis reveals prison society as a mirror of broader Russian society - characterized by the absence of the state as an organizer of social practices. He builds on this to make a central distinction between two types of societies - the modern "large" society and the "small" society, like Russia, that has only been partially modernized, and in which the world of everyday life, experiences and relationships remains entirely separated from the official aims of modernization and efficiency. Oleinik is interested in the void between these two separate worlds, a void he sees being filled in Russia by the Mafia.