Logic, Context and Valid Inference Or: Can there be a Logic of Law?

نویسنده

  • Bart Verheij
چکیده

The question is addressed whether it makes sense to speak of a logic of law. It is shown that what counts as valid inference depends to a large extent on context-dependent choices. This suggests that our question has a simple answer, namely that a logic of law can exist. After noticing that one logic can serve as the background of another, it is explicated that a more subtle answer can be given. On the one hand a logic of law can exist, and on the other hand it can be possible to reduce such a logic to a set of legal premises in a more abstract logic. It is posited how a 'contextual logic' approach and an 'abstract logic' approach can lead to different priorities in the formalization of legal reasoning.

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تاریخ انتشار 1999