Logic in Law

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

  • Arend Soeteman

Part of the Law and Philosophy Library book series (LAPS, volume 6)

Table of contents

  1. Front Matter
    Pages i-xii
  2. Arend Soeteman
    Pages 1-22
  3. Arend Soeteman
    Pages 23-46
  4. Arend Soeteman
    Pages 47-75
  5. Arend Soeteman
    Pages 76-91
  6. Arend Soeteman
    Pages 92-107
  7. Arend Soeteman
    Pages 108-131
  8. Arend Soeteman
    Pages 183-208
  9. Arend Soeteman
    Pages 209-275
  10. Back Matter
    Pages 276-326

About this book

Introduction

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.

Keywords

Legal Logic deontic logic formal logic logic symbolic logic

Authors and affiliations

  • Arend Soeteman
    • 1
  1. 1.Free University of AmsterdamThe Netherlands

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-015-7821-9
  • Copyright Information Springer Science+Business Media B.V. 1989
  • Publisher Name Springer, Dordrecht
  • eBook Packages Springer Book Archive
  • Print ISBN 978-90-481-4035-0
  • Online ISBN 978-94-015-7821-9
  • Series Print ISSN 1572-4395
  • About this book