WIN $150 GIFT VOUCHERS: ALADDIN'S GOLD

Close Notification

Your cart does not contain any items

A Dialogical Framework for Legal Reasoning. The Ratio Legis and Precedent Case Models by Hans Christian Nordtveit Kvernenes at Abbey's Bookshop,
A Dialogical Framework for Legal Reasoning. The Ratio Legis and Precedent Case Models
— —
Hans Christian Nordtveit Kvernenes

A Dialogical Framework for Legal Reasoning. The Ratio Legis and Precedent Case Models

Hans Christian Nordtveit Kvernenes

$46.95   $39.87

Paperback

Not in-store but you can order this
How long will it take?
English
College Publications
16 February 2022
Philosophy: logic; Civil codes & Civil law
An analogy can be understood as two things that are similar to each other and as a foundation for argumentation, they play an essential role in most, if not all, legal systems. Provided here, is an investigation of the underlying assumptions and requirements that ground good analogical arguments. Based on the Aristotelian analysis of proportionality, analogies are represented in the framework of immanent reasoning, enabling the inclusion of what has been identified as initial conditions. This is a new feature not known from any other logical representations.

First is the explication of a general meaning structure behind legal analogies across the legal systems of Common and Civil Law, situated in the intersection of current discussions within logic, law and computer science. In the further dialogical interpretation, eight different forms of analogies are distinguished and a comprehensive and even more refined analysis of the newly introduced initial conditions arise. The framework is then concretely applied both to the well-known Common Law example of Adams v. New Jersey Steamboat Co. and to three different Supreme Court decisions concerning the responsibility of paying the Tax on Documented Legal Acts from Spanish Civil Law.

Through both a general overview of the current challenges and solutions related to analogy in legal reasoning, as well as an independent analysis of analogy, this very complex concept is explained in a simple and natural way, closely related to actual legal practice. The given analyses are highly interdisciplinary, uniting historico-philosophical reflections, recent computer scientific developments and applied legal argumentation.
By:  
Imprint:   College Publications
Dimensions:   Height: 234mm,  Width: 156mm,  Spine: 22mm
Weight:   594g
ISBN:   9781848903913
ISBN 10:   184890391X
Pages:   426
Publication Date:  
Audience:   General/trade ,  ELT Advanced
Format:   Paperback
Publisher's Status:   Active

See Also

A Dialogical Framework for Legal Reasoning. The Ratio Legis and Precedent Case Models

Write a Will

The Fastest and Easiest Guide to...

Kevin Daniels

Paperback

$22.95  $20.75

Not in-store but you can order this

ADD +
A Dialogical Framework for Legal Reasoning. The Ratio Legis and Precedent Case Models

Ruling before the Law

The Politics of Legal Regimes in...

William Hurst (Northwestern University,...

Paperback

$49.95 

Not in-store but you can order this

ADD +
A Dialogical Framework for Legal Reasoning. The Ratio Legis and Precedent Case Models

海峽兩岸殯葬法規之比較研究

A Comparative Study of the Funeral...

Ye Xiuwen

Paperback

$49.95  $42.07

Not in-store but you can order this

ADD +
A Dialogical Framework for Legal Reasoning. The Ratio Legis and Precedent Case Models

Chinese Civil Adjudications I

The Use of the Legal-Relationship...

Cui Jianyuan

Hardback

$284 

Not in-store but you can order this

ADD +
A Dialogical Framework for Legal Reasoning. The Ratio Legis and Precedent Case Models

Internationales Wirtschaftsrecht...

Ipr Des Kartellr, Lauterkeitsr,...

Karl-Heinz Fezer

Hardback

$633.95  $507.06

Not in-store but you can order this

ADD +
A Dialogical Framework for Legal Reasoning. The Ratio Legis and Precedent Case Models

§§ 21-79a

Andreas Schwennicke

Hardback

$898.95  $719.22

Not in-store but you can order this

ADD +