Switch to: References

Add citations

You must login to add citations.
  1. Normativity of Scientific Laws : Two Kinds of Normativity.Ave Mets - 2018 - Problemos 93.
    [full article, abstract in English; only abstract in Lithuanian] This article presents the results of a broader research project which aims to argue for the normativity of scientific laws. Usually scientific laws are regarded as descriptive, which contrasts them to prescriptive norms. To show their normativity, I utilize the logical account of explicitly normative systems by Carlos Alchourrón and Eugenio Bulygin. I identify the characteristic elements of normativity and analyse accounts of implicit normativity in science using those terms to show (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • What Can One Expect From Logic in the Law?: Notes • Discussion • Book Reviews.Eugenio Bulygin - 2008 - Ratio Juris 21 (1):150-156.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Legal Judgment as a Philosophical Archetype: A Pragmatist Analysis of Three Theses.Giovanni Tuzet - 2011 - European Journal of Pragmatism and American Philosophy 3 (2):275-288.
    The article addresses three theses on judgment in general and legal judgment in particular, starting from Peirce’s and Dewey’s claims about them. The first thesis, onto-logical, concerns the content of an act of judgment and says that judgment is about an ob-ject instantiating a property . The second, alethic, concerns the relation between judgment and truth and says that judgment is the at-tribution of a truth value to a proposition. The third, genetic, deals with the moments of judgment claiming it (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Information Ethics and the Law of Data Representations.Dan L. Burk - 2008 - Ethics and Information Technology 10 (2-3):135-147.
    The theories of information ethics articulated by Luciano Floridi and his collaborators have clear implications for law. Information law, including the law of privacy and of intellectual property, is especially likely to benefit from a coherent and comprehensive theory of information ethics. This article illustrates how information ethics might apply to legal doctrine, by examining legal questions related to the ownership and control of the personal data representations, including photographs, game avatars, and consumer profiles, that have become ubiquitous with the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Understanding Blended Multi-Source Arguments as Arguments From Partial Analogies.Marcello Guarini - 2010 - Ratio Juris 23 (1):65-100.
    This paper identifies a type of multi-source (case-based) reasoning and differentiates it from other types of analogical reasoning. Work in cognitive science on mental space mapping or conceptual blending is used to better understand this type of reasoning. The type of argument featured herein will be shown to be a kind of source-blended argument. While it possesses some similarities to traditionally conceived analogical arguments, there are important differences as well. The triple contract (a key development in the usury debates of (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • The Pluralistic Universe of Law: Towards a Neo-Classical Legal Pragmatism.Susan Haack - 2008 - Ratio Juris 21 (4):453-480.
    After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • The a Simili Argument: An Inferentialist Setting.Damiano Canale & Giovanni Tuzet - 2009 - Ratio Juris 22 (4):499-509.
    The A Simili Argument draws the conclusion that a target case has a normative property Q since it shares a relevant property P with a source case. It can be seen as a complex inference constituted by three inferential steps: An abduction of the relevant property P , an induction of the class having that property, and a deduction of the target's having property Q . A major problem of this argument is the characterization of the property relevance. The standard (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • An Axiomatic Theory of Law.Paolo Sandro - 2011 - Res Publica 17 (4):343-354.
    This paper presents in outline Luigi Ferrajoli’s axiomatic and general theory of law, as developed in his lifelong work Principia Iuris . The first section focuses on the three main aspects of the theory: the methodological, the theoretical and the pragmatic, which respectively represent the theory’s syntax, semantics and its pragmatics. Ferrajoli identifies three deontic gaps of norms: firstly, the one between their validity and efficacy ; secondly, the one between their justice and validity ; and finally, and most importantly, (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation