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Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.
"Law is a product and a producer of reason. Legal reasoning is an intellectual challenge whereby judges and lawyers find legal premises to argue their decisions or invalidate premises without bending logic. It is a topic of importance for lawyers and legal scholars and demands a great measure of logical rigour. It is not so simple. Legal reasoning involves various components such as analogy, legal culture, textual analysis, judicial discretion and historical development- taking all factors into consideration. Taking legal texts or legal precedent to argue a case or decide actual cases involves more than reaching the right judgement. "Law & Practice: Critical Analysis and Legal Reasoning" provides a comprehensive analysis of various areas of law, particularly legal reasoning and will assess research in law and analysing conclusions. This book will help move the debate of wide-ranging new problems and develop useful suggestions on these issues." -- back cover.
Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.
This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning.
'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.
Legal Reasoning: Semantic and Logical Analysis brings together for the sophisticated and serious reader the analytic tools of several disciplines needed for a systematic and exhaustive treatment of legal reasoning. Specifically, these are the analytic tools for conceptual analysis, linguistic and logical structures. For example, the reader of Legal Reasoning will be able to learn which modern tools for the analysis of concepts like insanity, justice, property, crime, etc., are available and how far they can accomplish their task. Or, what computerization and mathe- matical modeling are all about and what they conceivably can do for the legal process. And, in general, how reliable legal, that is, intuitive reasoning is in practice and what formal logic can do for it.
At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
Assessing Progress toward Sustainability: Frameworks, Tools, and Case Studies provides practical frameworks for measuring progress toward sustainability in various areas of production, consumption, services and urban development as they relate to environmental impact. A variety of policies/strategies or frameworks are available at national and international levels. This book presents an integrated approach to sustainability progress measurement by considering both the frameworks and methodological developments of various tools, as well as their implementation in assessing the sustainability of processes, products and services through a global perspective. Combining methods and their application, the book covers a variety of topics, including lifecycle assessment, risk assessment, nexus thinking, and connection to SDGs. Organized clearly into three main sections --Frameworks, Tools, and Case Studies--this book can serve as a practical resource for researchers and practitioners alike in environmental science, sustainability, environmental management and environmental engineering. Offers an integrated approach to sustainability assessment using the most up-to-date frameworks and tools Includes extensive, diverse case studies to illustrate the methods and process for using the frameworks and tools outlined Provides practical insights related to challenges and opportunities to reduce environmental impacts and increase resources and energy efficiency
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.