rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Methods of legal reasoning
  name:
    name part: Stelmach, Jerzy.
    role:
      role term: creator
    role:
      role term: author.
  name:
    name part: Brozek, Bartosz.
    role:
      role term: author.
  name:
    name part: SpringerLink (Online service)
  type of resource: text
  origin info:
    place:
      place term: ne
    date issued: 2006
    issuance: monographic
  language:
    language term: eng
  physical description:
    form: electronic
    form: electronic resource
    reformatting quality: access
    form: remote
    extent: IX, 233 p. online resource.
  abstract: The book attempts to describe and criticize four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. Apart from a presentation of basic ideas connected with the above mentioned methods, the essays contained in this book seek to answer questions concerning the assumptions standing behind these methods, the limits of using them and their usefulness in the practice and theory of law. A specific feature of the book is that in one study four different, sometimes competing concepts of legal method are discussed. The panorama, sketched like this, allows one to reflect deeply on the questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method. The authors argue that there exists no such method. They claim that the methodologies presented in the book may serve as a basis for constructing a coherent and useful conception of legal thinking. Any such conception, however, must recognize its own assumptions and limitations, resulting from adopting a specific philosophical stance.
  table of contents: Part I. Controversy over legal methodology in the 19th and 20th centuries. 1. Three stances. 2. Methods of legal reasoning. 3. Logic – analysis – argumentation – hermeneutics -- Part II. Logic. 1. Introduction. 2. Classical logic: propositional logic and first order predicate logic. 3. Deontic logic. 4. Logic of action and logic of norms. 5. Defeasible logic. 6. Summary -- Part III. Analysis. 1. Introduction. 2. Linguistic analysis. 3. Economic analysis of law. 4. Summary -- Part IV. Argumentation. 1. Introduction. 2. Two conceptions of a legal discourse. 3. Legal argumentation -- Part V. Hermeneutics. 1. Introduction. 2. Hermeneutics as epistemology. 3. Hermeneutics as ontology. 4. The understanding of the law -- Part VI. Methods of legal reasoning from a post-modern perspective. 1. A summary. 2. Dilemmas of the contemporary philosophy of law. 3. The epistemological approach. 4. Unfinished projects.
  note: by Jerzy Stelmach, Bartosz Brozek.
  subject:
    topic: Law
  subject:
    topic: Logic
  subject:
    topic: Political science
  subject:
    topic: Philosophy and social sciences
  subject:
    topic: Law
    topic: Philosophy
  subject:
    topic: Law
  subject:
    topic: Theories of Law, Philosophy of Law, Legal History
  subject:
    topic: Philosophy of Law
  subject:
    topic: Philosophy of the Social Sciences
  subject:
    topic: Logic
  classification: K201-487
  classification: B65
  classification: K140-165
  classification: 340.1
  related item:
    title info:
      title: Springer eBooks
  identifier: 9781402049392
  identifier: http://dx.doi.org/10.1007/1-4020-4939-0
  record info:
    record creation date: 100301
    record change date: 20151204143217.0
    record identifier: 978-1-4020-4939-2