New Developments in Legal Reasoning and Logic: From Ancient Law to Modern Legal Systems

This book combines studies in logic, law, and legal reasoning from different fields, including historical and philosophical studies of legal reasoning in Civil and Common Law, Arabic and Talmudic jurisprudence, and recent technical developments in computer science. It aims to unite these areas and stimulate interaction between Arabic, Talmudic, and European jurisprudence, with a focus on the role of logic in legal reasoning.

Format: Paperback / softback
Length: 433 pages
Publication date: 22 December 2022
Publisher: Springer Nature Switzerland AG

This comprehensive book aims to bring together diverse studies from various fields, exploring the intricate relationship between logic, law, and legal reasoning. By combining historical and philosophical investigations into legal reasoning across Civil and Common Law, as well as the often overlooked Arabic and Talmudic traditions of jurisprudence, this project seeks to unite these diverse areas with recent technological advancements in computer science. This fusion has sparked a renewed interest in deontic logic and logic of norms, driven by the interplay between artificial intelligence and law and their applications in these fields of logic. Furthermore, the book endeavors to inspire and facilitate a more profound engagement between the historical and philosophical work of Arabic, Talmudic, and European jurisprudence.

The publication delves into fresh perspectives on the interplay between logic and law, specifically focusing on the examination of various approaches to the question: what role does logic play in legal reasoning? These perspectives encompass a wide range, from foundational studies (such as logical principles and frameworks) to practical applications, as well as historical viewpoints.

Within the chapters of this book, scholars from various disciplines contribute their expertise, shedding light on the complex dynamics between logic, law, and legal reasoning. They explore the historical development of legal reasoning, the influence of philosophical theories on legal thought, and the role of logic in shaping legal arguments and decision-making processes. The authors also examine the application of logic in various legal fields, such as contract law, criminal law, and constitutional law, highlighting the challenges and opportunities that arise in applying logical reasoning to legal problems.

One of the key themes explored in the book is the relationship between logic and moral reasoning. The authors argue that logic plays a crucial role in developing moral principles and evaluating the ethical implications of legal decisions. They discuss the use of logical frameworks and principles in ethical decision-making, such as utilitarianism and deontology, and how these frameworks can help lawyers and policymakers navigate complex ethical dilemmas.

Another important aspect of the book is the exploration of the role of technology in shaping legal reasoning. The authors discuss the use of computer algorithms and artificial intelligence in legal research, analysis, and decision-making. They explore how these technologies can assist lawyers in identifying patterns, analyzing data, and making informed legal decisions. However, they also raise concerns about the ethical implications of relying too heavily on technology and the potential risks associated with automated decision-making.

The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic, and European jurisprudence. The authors recognize the rich traditions and insights of these legal systems and argue that a deeper understanding of these traditions can contribute to the development of more robust and inclusive legal frameworks. They encourage scholars and researchers to engage in interdisciplinary dialogue and collaboration, fostering a broader understanding of the legal world and promoting the exchange of ideas and knowledge.

In conclusion, this book offers a comprehensive and interdisciplinary exploration of the relationship between logic, law, and legal reasoning. By bringing together diverse perspectives and disciplines together, it provides valuable insights into the complex dynamics that shape legal reasoning. The book will be of interest to scholars, researchers, lawyers, policymakers, and anyone with an interest in the intersection of logic, law, and legal reasoning.

Weight: 682g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030716837
Edition number: 1st ed. 2022