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Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.
Book Synopsis Multi-criteria Analysis in Legal Reasoning by : Bengt Lindell
Download or read book Multi-criteria Analysis in Legal Reasoning written by Bengt Lindell and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.
"Law is a product and a producer of reason. Legal reasoning is an intellectual challenge whereby judges and lawyers find legal premises to argue their decisions or invalidate premises without bending logic. It is a topic of importance for lawyers and legal scholars and demands a great measure of logical rigour. It is not so simple. Legal reasoning involves various components such as analogy, legal culture, textual analysis, judicial discretion and historical development- taking all factors into consideration. Taking legal texts or legal precedent to argue a case or decide actual cases involves more than reaching the right judgement. "Law & Practice: Critical Analysis and Legal Reasoning" provides a comprehensive analysis of various areas of law, particularly legal reasoning and will assess research in law and analysing conclusions. This book will help move the debate of wide-ranging new problems and develop useful suggestions on these issues." -- back cover.
Book Synopsis Law & Practice by : Sylvia Mercado Kierkegaard
Download or read book Law & Practice written by Sylvia Mercado Kierkegaard and published by . This book was released on 2013 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Law is a product and a producer of reason. Legal reasoning is an intellectual challenge whereby judges and lawyers find legal premises to argue their decisions or invalidate premises without bending logic. It is a topic of importance for lawyers and legal scholars and demands a great measure of logical rigour. It is not so simple. Legal reasoning involves various components such as analogy, legal culture, textual analysis, judicial discretion and historical development- taking all factors into consideration. Taking legal texts or legal precedent to argue a case or decide actual cases involves more than reaching the right judgement. "Law & Practice: Critical Analysis and Legal Reasoning" provides a comprehensive analysis of various areas of law, particularly legal reasoning and will assess research in law and analysing conclusions. This book will help move the debate of wide-ranging new problems and develop useful suggestions on these issues." -- back cover.
Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
Book Synopsis Methods of Legal Reasoning by : Jerzy Stelmach
Download or read book Methods of Legal Reasoning written by Jerzy Stelmach and published by Springer Science & Business Media. This book was released on 2006-09-03 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.
Book Synopsis Advanced Introduction to Legal Reasoning by : Larry Alexander
Download or read book Advanced Introduction to Legal Reasoning written by Larry Alexander and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.
'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.
Book Synopsis On Law and Reason by : Aleksander Peczenik
Download or read book On Law and Reason written by Aleksander Peczenik and published by Springer Science & Business Media. This book was released on 2014-01-12 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.
Legal Reasoning: Semantic and Logical Analysis brings together for the sophisticated and serious reader the analytic tools of several disciplines needed for a systematic and exhaustive treatment of legal reasoning. Specifically, these are the analytic tools for conceptual analysis, linguistic and logical structures. For example, the reader of Legal Reasoning will be able to learn which modern tools for the analysis of concepts like insanity, justice, property, crime, etc., are available and how far they can accomplish their task. Or, what computerization and mathe- matical modeling are all about and what they conceivably can do for the legal process. And, in general, how reliable legal, that is, intuitive reasoning is in practice and what formal logic can do for it.
Book Synopsis Legal Reasoning by : Jovan Brkić
Download or read book Legal Reasoning written by Jovan Brkić and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 1985 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Reasoning: Semantic and Logical Analysis brings together for the sophisticated and serious reader the analytic tools of several disciplines needed for a systematic and exhaustive treatment of legal reasoning. Specifically, these are the analytic tools for conceptual analysis, linguistic and logical structures. For example, the reader of Legal Reasoning will be able to learn which modern tools for the analysis of concepts like insanity, justice, property, crime, etc., are available and how far they can accomplish their task. Or, what computerization and mathe- matical modeling are all about and what they conceivably can do for the legal process. And, in general, how reliable legal, that is, intuitive reasoning is in practice and what formal logic can do for it.
At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
Book Synopsis Logic, Probability, and Presumptions in Legal Reasoning by : Scott Brewer
Download or read book Logic, Probability, and Presumptions in Legal Reasoning written by Scott Brewer and published by Routledge. This book was released on 2013-06-17 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
Assessing Progress toward Sustainability: Frameworks, Tools, and Case Studies provides practical frameworks for measuring progress toward sustainability in various areas of production, consumption, services and urban development as they relate to environmental impact. A variety of policies/strategies or frameworks are available at national and international levels. This book presents an integrated approach to sustainability progress measurement by considering both the frameworks and methodological developments of various tools, as well as their implementation in assessing the sustainability of processes, products and services through a global perspective. Combining methods and their application, the book covers a variety of topics, including lifecycle assessment, risk assessment, nexus thinking, and connection to SDGs. Organized clearly into three main sections --Frameworks, Tools, and Case Studies--this book can serve as a practical resource for researchers and practitioners alike in environmental science, sustainability, environmental management and environmental engineering. Offers an integrated approach to sustainability assessment using the most up-to-date frameworks and tools Includes extensive, diverse case studies to illustrate the methods and process for using the frameworks and tools outlined Provides practical insights related to challenges and opportunities to reduce environmental impacts and increase resources and energy efficiency
Book Synopsis Assessing Progress Towards Sustainability by : Carmen Teodosiu
Download or read book Assessing Progress Towards Sustainability written by Carmen Teodosiu and published by Elsevier. This book was released on 2022-04-14 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessing Progress toward Sustainability: Frameworks, Tools, and Case Studies provides practical frameworks for measuring progress toward sustainability in various areas of production, consumption, services and urban development as they relate to environmental impact. A variety of policies/strategies or frameworks are available at national and international levels. This book presents an integrated approach to sustainability progress measurement by considering both the frameworks and methodological developments of various tools, as well as their implementation in assessing the sustainability of processes, products and services through a global perspective. Combining methods and their application, the book covers a variety of topics, including lifecycle assessment, risk assessment, nexus thinking, and connection to SDGs. Organized clearly into three main sections --Frameworks, Tools, and Case Studies--this book can serve as a practical resource for researchers and practitioners alike in environmental science, sustainability, environmental management and environmental engineering. Offers an integrated approach to sustainability assessment using the most up-to-date frameworks and tools Includes extensive, diverse case studies to illustrate the methods and process for using the frameworks and tools outlined Provides practical insights related to challenges and opportunities to reduce environmental impacts and increase resources and energy efficiency
Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.
Book Synopsis Fundamentals of Legal Argumentation by : Eveline T. Feteris
Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.
What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
Book Synopsis Legal Reasoning and Legal Theory by : Neil MacCormick
Download or read book Legal Reasoning and Legal Theory written by Neil MacCormick and published by Clarendon Press. This book was released on 1994-08-11 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
