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Logic in the Theory and Practice of Lawmaking

  • Michał Araszkiewicz
  • Krzysztof Płeszka

Part of the Legisprudence Library book series (LEGIS, volume 2)

Table of contents

  1. Front Matter
    Pages i-xxvi
  2. From the Theory…

    1. Front Matter
      Pages 1-1
    2. Lars Lindahl, David Reidhav
      Pages 49-95
    3. Pablo E. Navarro, Jorge L. Rodríguez
      Pages 97-114
    4. Juliano S. A. Maranhão
      Pages 115-136
    5. Giovanni Battista Ratti
      Pages 137-157
    6. Michał Araszkiewicz, Krzysztof Płeszka
      Pages 253-297
  3. …to the Practice of Lawmaking

    1. Front Matter
      Pages 299-299
    2. Guido Governatori, Antonino Rotolo
      Pages 323-356
    3. Vern R. Walker, Bernadette C. Lopez, Matthew T. Rutchik, Julie L. Agris
      Pages 357-381
    4. Vytautas Čyras, Friedrich Lachmayer
      Pages 459-478
    5. Ermo Täks, Addi Rull, Anni Säär, Burkhard Schäfer
      Pages 479-511
    6. Tomasz Pełech-Pilichowski, Wojciech Cyrul
      Pages 527-553
  4. Back Matter
    Pages 555-556

About this book

Introduction

This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of lawmaking.

Elaborations of the process of lawmaking have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in lawmaking. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics.

The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of lawmaking taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law.

How does logic inform lawmaking?

Are legal systems consistent and complete?

How can legal rules be represented by means of formal calculi and visualization techniques?

Does the structure of statutes or of legal systems resemble the structure of deductive systems?

What are the logical relations between the basic concepts of jurisprudence that constitute the system of law?

How are theories of legal interpretation relevant to the process of legislation?

How might the statutory text be analysed by means of contemporary computer programs?

These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.

Keywords

Approach AI application in Law Concepts in Law Context of Legislation Definition in Law Deontic Terms and Sentences in Law Legal Knowledge Modeling Legal Rule XML Standards Legal System Legal risk taking Logic and Legislation Logic of the dynamics of legal systems Logic, Legislation and Legal Reasoning Methodologies and technologies Normative Consequence Obey the Laws of Logic Semantic logical theory Statutory Text Statutory legal norms Uniform Commercial Code

Editors and affiliations

  • Michał Araszkiewicz
    • 1
  • Krzysztof Płeszka
    • 2
  1. 1.Department of Legal TheoryJagiellonian University Faculty of Law and AdministrationKrakówPoland
  2. 2.Department of Legal TheoryJagiellonian University Faculty of Law and AdministrationKrakówPoland

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-19575-9
  • Copyright Information Springer International Publishing Switzerland 2015
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-319-19574-2
  • Online ISBN 978-3-319-19575-9
  • Series Print ISSN 2213-2813
  • Series Online ISSN 2213-2856
  • Buy this book on publisher's site