[PDF.05ty] Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic (Law and Philosophy Library)

Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic (Law and Philosophy Library)

[PDF.ql31] Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic (Law and Philosophy Library)

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 | #12075327 in Books |  2010-12-01 |  2010-10-28 | Original language:English | PDF # 1 |  9.10 x.64 x6.10l,.88 | File type: PDF | 266 pages

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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. Th...

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