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Reasoning with Rules

An Essay on Legal Reasoning and Its Underlying Logic

  • Jaap C. Hage

Part of the Law and Philosophy Library book series (LAPS, volume 27)

Table of contents

  1. Front Matter
    Pages i-xiv
  2. Jaap C. Hage
    Pages 1-10
  3. Jaap C. Hage
    Pages 11-77
  4. Jaap C. Hage
    Pages 78-129
  5. Jaap C. Hage
    Pages 130-158
  6. Jaap C. Hage
    Pages 159-202
  7. Jaap C. Hage
    Pages 203-254
  8. Back Matter
    Pages 255-266

About this book

Introduction

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. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.

Keywords

Principles and Rules logic syllogism

Authors and affiliations

  • Jaap C. Hage
    • 1
  1. 1.Department of MetajuridicaUniversity of MaastrichtMaastrichtThe Netherlands

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-015-8873-7
  • Copyright Information Springer Science+Business Media B.V. 1997
  • Publisher Name Springer, Dordrecht
  • eBook Packages Springer Book Archive
  • Print ISBN 978-90-481-4773-1
  • Online ISBN 978-94-015-8873-7
  • Series Print ISSN 1572-4395
  • Buy this book on publisher's site