By Matthias Armgardt, Patrice Canivez, Sandrine Chassagnard-Pinet
This quantity explores the relation among felony reasoning and common sense from either a ancient and a scientific viewpoint. the themes addressed contain, between others, conditional criminal acts, disjunctions in felony acts, presumptions and conjectures, conflicts of values, Jørgensen´s limitation, the Rhetor´s predicament, the idea of criminal fictions and the categorization of contracts. The unifying tricky of those contributions issues the conditional constructions and, extra rather, the connection among criminal thought and felony reasoning within the context of conditions.
The contributions during this paintings represent the 1st result of the ANR-DFG joint examine venture “JuriLog” (Jurisprudence and Logic), which goals at fostering the cooperation among felony students and philosophers. at the one hand, legal professionals and felony students be interested in emphasizing the logical personality of felony reasoning. during this appreciate, the current enquiry examines the query of ways common sense, specially more moderen types of dialogical common sense, could be made fruitful as an important region of philosophy for jurisprudence and felony perform. nonetheless, logicians locate in criminal reasoning a striving in the direction of transparent definitions and inference-procedures that's correct to their self-discipline. as a way to absolutely comprehend such reciprocal relationships, it will be important to bridge the space among legislation, good judgment and philosophy in modern educational examine. The essays amassed during this quantity all paintings in the direction of this universal goal.
The ebook is split in 3 sections. within the first half, the powerful relation among Roman legislations and common sense is explored with admire to the research of disjunctive statements in felony acts. the second one half makes a speciality of Leibniz´s felony thought. The 3rd half, ultimately, is devoted to present interactions among legislations and logic.
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Extra resources for Past and Present Interactions in Legal Reasoning and Logic
25 In other words, the second function described above seems the most promising one to investigate. 26 Assuming a temporal use, “cum” can be rendered as “when”, “if”, “while”, “whenever”. Scott translates by “where” which matches similar formulations used in the CFR. The use of “whenever” and to a lesser degree of “where” suggests a general rule, a meaning which is at least doubtful in the Latin original. 27 Literally “cease to exist in nature”. 38 M. 1 Inclusive and exclusive disjunction in Julian A 1 1 0 0 B 1 0 1 0 A i–h B 0 1 1 0 A_B 1 1 1 0 Comments Debtor delivers both slaves: Why?
The chosen text serves the purpose to illustrate the ideas presented in the general section without being unduly complex on the legal side. Someone who owed Pamphilus or Stichus but delivered both slaves simultaneously may claim none back if one or both of them happens to die. The exact legal background of the case is not clear. Babusiaux [3, p. 385; 387] mentioned the case only briefly as an example for a choice debt in her work on Celsus’s and Julian’s writings on the edict “si certum petetur”.
78] adopts a more differentiated stance when he rejects the idea of a formal summing up as logical technique regularly employed by Roman jurists but admits that their approach can hardly be called by a different name whenever they based their reasoning on an authoritative text such as a lex. His view fully agrees, in my understanding, with the role of procedural formulae sketched above, when he stresses the importance of identifying the applicable actio and of gathering the necessary premises from the case.
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