• No Comments

Aleksander Peczenik – – Artificial Intelligence and Law 4 () details Aleksander Peczenik – – Law and Philosophy 4 (2) – details. List of computer science publications by Aleksander Peczenik. Aleksander Peczenik: Jumps and Logic in the Law|What Can One Expect from. The basis of legal justification [Aleksander Peczenik] on *FREE* shipping on qualifying offers.

Author: Kitilar Yozshugami
Country: Comoros
Language: English (Spanish)
Genre: Education
Published (Last): 5 April 2015
Pages: 122
PDF File Size: 15.84 Mb
ePub File Size: 16.56 Mb
ISBN: 593-2-74252-618-5
Downloads: 72232
Price: Free* [*Free Regsitration Required]
Uploader: Fauzilkree

Science Logic and Mathematics. Ceteris paribus, the degree of coherence of argumentation depends on answers to such questions as: A Theory of Legal Reasoning. Rhetoric and the Rule of Law: Find it on Scholar.

Essays in Legal Theory. Ethics in Value Theory, Miscellaneous. The author adopts a coherentist approach to legal argumentation.

Its theories are linked to overarching moral theories. Formalism about Legal Reasoning in Philosophy of Law. Essays on Legal Positivism. Nonmonotonic Logic in Logic and Philosophy of Logic. The theories produce principles and they also produce defeasible rules. The argumentation used to achieve coherence involves not only description and logic but also evaluative steps.

  B156XW01 V.0 PDF

The inference is not conclusive. Varieties of Justice in Social and Political Philosophy. Only if the courts act on the basis of Reason they can be a legitimate counterpart of the majority rule. Giovanni Sartor – – Ratio Juris 7 2: Aleksander Peczenik – – Dbk. By means of production of general and defeasible theories, legal Justice in Social and Political Philosophy.

Moral and Ontological Justification of Legal Reasoning. However, sceptics criticise juristic doctrine for its normative character, ontological obscurity, vagueness, fragmentation, and locality. Rights in Social and Political Philosophy. Sign in Create an account.

The Role of Coherence in Legal Reasoning. Nonmonotonic logic is an example of an extension of the domain of logic. Restrictions pro authors only online only open access only published only filter by language Configure languages here. Sign in Create an account.

Aleksander Peczenik, The Basis of Legal Justification – PhilPapers

But the more far-reaching the extension is, the greater problems it meets. Yet, all kinds of legal argumentation must use weighing and balancing in order to make the law coherent and morally acceptable.

Request removal from index. Can Philosophy Help Legal Doctrine?


The Basis of Legal Justification

The vagueness of legal doctrine can be construed as defeasibility. Science Logic and Mathematics. International Law in Philosophy of Law. Be alerted of all new items appearing on this page. Choose how you want to monitor it: Normative reason is possible. There exist various juristic roles and corresponding types of argumentation, e.

It also needs a more abstract deliberation, given by expert jurists. Legal dogmatics is necessary in the context of constitutional constraints on the majority rule. Legal dogmatics pursues knowledge of the existing law, yet in many cases it leads to a change of the law.

Finally, locality is not absolute either. Liberal ontology, admitting such entities as morally justified law, is possible as well. History of Western Philosophy.