Law and the New Logics

Administrative / Constitutional Law

Law and the New Logics

Edited by H. Patrick Glenn · Lionel D. Smith
Cambridge University Press January 2017

Specifications

ISBN-13
9781107106956
Publisher
Cambridge University Press
Publication
January 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book is unique in presenting an interdisciplinary conversation between jurists and logicians. It brings together scholars from both law and philosophy and looks at the application of 'the new logics' to law and legal ordering, in a number of legal systems.

The first Part explores the ways in which the new logics shed light on the functioning of legal orders, including the structure of legal argumentation and the rules of evidence. The second addresses how non-classical logics can help us to understand the interactions between multiple legal orders, in a range of contexts including domestic and international law. The final Part examines particular issues in the applicability of non-classical logics to legal reasoning.

This book will be of interest to jurisprudence and logic scholars and students who want to deepen their understanding of relationships between law and legal reasoning, and learn about recent developments in formal logic.

Table of Contents

Introduction Lionel D. Smith

Part I. New Logics in the Functioning of Legal Orders:
1. Logics of argumentation and the law Henry Prakken
2. Conjunction of evidence and multivalent logic Kevin Clermont
3. One God, no state, and many legal arguments: multivalent logic in Jewish law Chaim Saiman

Part II. New Logics in the Relations of Legal Orders:
4. Logical tools for legal pluralism Jaap Hage
5. Legal inconsistency and the emergence of states Nicholas Barber
6. Political settlement and the new logic of hybrid self-determination Christine Bell
7. Choice of law and choice of logic H. Patrick Glenn
8. Where laws conflict: an application of the method of chunk and permeate Graham Priest
9. Law and equity: chunk and permeate? Lionel D. Smith

Part III. The Logical Debate:
10. Do inconsistent laws deliver gluts? Jc Beall
11. The applications of bivalent logic, and the misapplication of multivalent logic to law Andrew Halpin
12. Fuzzy law: a theory of quasi-legality Oren Perez.
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