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Law and Logic

A Critical Account of Legal Argument

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.

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.

Logic in Law

Remarks on Logic and Rationality in Normative Reasoning, Especially in Law

The study presented in this book was entered upon by me from a legal point of view. 'Legal logic' has been known for a long time, concerning itself with the methodology of legal and in particular judicial reasoning. In modern days, however, this 'legal logic' is sometimes also connected with modern formal logic, as it has been developed in the works of G. Boole, A. de Morgan, G. Frege, C.S. Peirce, E. Schroder, G. Peano, A.N. Whitehead, B. Russell and others. For me this gave rise to the as yet not very specific question about the meaning of modern symbolic logic for law. Already in an early stage it appeared that, although traditional legal logic and modern symbolic logic both concern logic, this may not create the misapprehension that a similar matter is at issue. Both concern themselves (among other things) with reasonings and reasoning. Traditional legal logic is, however, as it was said by the German legal theoretician K. Engisch: "a material logic that wants us to reflect on what we have to do if we -within the limits of actual possibility- wish to reach true, or at least correct judgements" (Engisch, 1964, p.5). Modern symbolic logic on the other hand is not concerned with the truth or correctness of the result of an argument, but with its validity, i.e. the question when or under which conditions the truth (correctness) of the conclusion is guaranteed by the truth (correctness) of the premisses.

The study presented in this book was entered upon by me from a legal point of view.

Logic in the Theory and Practice of Lawmaking

This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.

Legal reasoning is “pragmatic” in at least three senses. First, the ultimate subject matter of such reasoning is decision–making leading to governmental action. The ultimate focus on whether or not to engage in some action gives the ...

Extending Deontic Logic for the Formalisation of Legal Rules

This book is an adaptation of my PhD thesis Representing L3gVI Rules in Deontic Logic [Royakkers, 1996]. The main alterations are: • The addition of chapter 2 concerning the semantics of deontic logic based on valua tions. In this chapter I extend the Beth tableau method, which is originally developed for the propositional calculus, to also be applicable for deontic logic. For those who are not familiar with deontic logic or with the axiomatic deduction, this method is a useful tool to check whether a formula is valid or not. • The addition of the notion of commitment in chapter 5, and the notion of weak and strong permission in chapter 7. • The omission of the chapter concerning defeasible deontic logic, of which a revised version is published in [Nute, 1997]. • Chapter 6 has been revised rather thoroughly. Here I introduce the logic of enact ment based on epistemic logic and local reasoning to express normative inconsis tencies in a consistent way. I wish to thank John-Jules Meyer, Giovanni Sartor and Marek Sergot for their suggestions and criticisms of my PhD thesis, which have improved this book. Heleen Neggers and Jan Draisma deserve credit for the layout. Special thanks go to Frank Dignum for his continuous support and inspiring sugges tions. v Contents 1 Introduction 1 1.1 Logic and law. . . . . . . . . . . . . . . . . . . . . . .. . . . 1 . . . 1.2 Conflicting speed limits . . . . . . . . . . . . . . . . . . .. . . . 3 . .

This book describes extensions of deontic logic.

Extending Deontic Logic for the Formalisation of Legal Rules

This book describes extensions of deontic logic. Deontic logic is a branch of philosophical logic involving reasoning with norms, obligations, prohibitions and permissions. The extensions concern the logical structure of legal rules and legal reasoning. Their function is to improve the representation of legal knowledge and enhance deontic logic through increased expressibility. The resulting formulas acquire new meanings, not expressible in standard deontic logic, which are subject to fresh interpretations. The author offers an extensive analysis of the representation of actors, to whom the norms are directed, and authorities who enact the norms. Moreover, a distinction is made between enactment and applicability. A modality of enactment can be used to express inconsistent enacted norms in a consistent way. An authority-hierarchy is introduced to filter out the applicable norms from the set of enacted norms. Some related philosophical questions will be discussed regarding the applications of formalisms that are intrinsic to practical science with respect to `consistency' and `universality'. The formalisms and applications considered here are relevant for law, philosophy and computer science, with a special focus on the improvement of legal expert systems and intelligent support for legal professionals.

This book describes extensions of deontic logic.

Self-Complementary Antennas

Principle of Self-Complementarity for Constant Impedance

An antenna with a self-complementary structure has a constant input impedance, independent of the source frequency and of the shape of the structure. The principle for this property of constant impedance was discovered by Professor Mushiake himself. This is the first study which comprehensively describes the principles of self-complementarity in antennas. It explains the theory which was the basis of the development of this principle and presents various engineering applications with an emphasis on extremely broadband self-complementary antennas. Self-Complementary Antennas will be of particular interest to antenna engineers working with extremely large bandwidths and more generally to electrical engineers with an interest in the development of the field since 1948.

The principle for this property of constant impedance was discovered by Professor Mushiake himself. This is the first study which comprehensively describes the principles of self-complementarity in antennas.

Entrepreneurship and Management in an Islamic Context

The aim of this volume is to explore entrepreneurship and business from the perspective of Islamic principles, which are usually based on collaboration, teamwork, generosity and altruism. The contributions deal with the confluence of Islamic Principles with entrepreneurial and business ownership characteristics; resource use by entrepreneurs; means of entrepreneurial success, and ethics and social responsibility.

Nonetheless, the best practice in policy, programs, or interventions is a matter of choice for the country, and must take into consideration their own ... GSM Association—Information and Communication Technology Entrepreneurship.

Strategic Islamic Marketing

A Roadmap for Engaging Muslim Consumers

Marketing in the emerging Islamic markets is a challenging business function since international companies must contend with unfamiliar customs, cultural differences, and legal challenges. This book provides marketers who want to reach this emerging and very lucrative consumer base with essential, research-based insights on these aspects and how to deal with them. This book redefines marketing practice and conduct and challenges conventional marketing wisdom by introducing a religious-based ethical framework to the practice of marketing. The framework opens a whole new array of marketing opportunities and describes the behavior of the consumer, community, and companies using a different approach than conventional marketing thought.

This book provides marketers who want to reach this emerging and very lucrative consumer base with essential, research-based insights on these aspects and how to deal with them.

Islamic Perspectives on Science and Technology

Selected Conference Papers

This book presents 25 selected papers from the International Conference on “Developing Synergies between Islam & Science and Technology for Mankind’s Benefit” held at the International Institute for Advanced Islamic Studies Malaysia, Kuala Lumpur, in October 2014. The papers cover a broad range of issues reflecting the main conference themes: Cosmology and the Universe, Philosophy of Science and the Emergence of Biological Systems, Principles and Applications of Tawhidic Science, Medical Applications of Tawhidic Science and Bioethics, and the History and Teaching of Science from an Islamic Perspective. Highlighting the relationships between the Islamic religious worldview and the physical sciences, the book challenges secularist paradigms on the study of Science and Technology. Integrating metaphysical perspectives of Science, topics include Islamic approaches to S&T such as an Islamic epistemology of the philosophy of science, a new quantum theory, environmental care, avoiding wasteful consumption using Islamic teachings, and emotional-blasting psychological therapy. Eminent contributing scholars include Osman Bakar, Mohammad Hashim Kamali, Mehdi Golshani, Mohd. Kamal Hassan, Adi Setia and Malik Badri. The book is essential reading for a broad group of academics and practitioners, from Islamic scholars and social scientists to (physical) scientists and engineers.

Thus, positive attitudes and behaviours required for good entrepreneurship include loyalty, ... Spirituality empowering practices and agriculture-related businesses were investigated in an Islamic traditional boarding school, ...

Studies in Islamic Social Sciences

This book is a project toward the continuing theme of the Islamic worldview of economy-society-institution interactions in national and international forums, wherein individual and group preferences are created and sustained by the regeneration of knowledge into higher levels of realising truth. Truth and the medium of knowledge for realising higher levels of truth, are argued to be the only most immutable character of all systems.

DICHOTOMY: MARX, SCHUMPETER, THE CLASSICAL AND KEYNESIAN EPISTEMOLOGY AND SOCIOECONOMIC ANALYSIS Schumpeter, Marx and the Austrian School Classical and neoclassical economic analyses make no particular distinction between microeconomics ...