Law and the New Logics

This book explores relationships between law and legal reasoning, and recent developments in formal logic.

H. Patrick Glenn (Edited by), Lionel D. Smith (Edited by)

9781107106956, Cambridge University Press

Hardback, published 26 January 2017

300 pages
23.6 x 15.8 x 2.3 cm, 0.57 kg

'This book offers a rich catalogue of techniques, inspired by non-classical logic and available for deployment in legal thought and practice.' Makysmilian Del Mar, The Cambridge Law Journal

This book is unique in presenting an interdisciplinary conversation between jurists and logicians. It brings together scholars from both law and philosophy, and looks at the application of 'the new logics' to law and legal ordering, in a number of legal systems. The first Part explores the ways in which the new logics shed light on the functioning of legal orders, including the structure of legal argumentation and the rules of evidence. The second addresses how non-classical logics can help us to understand the interactions between multiple legal orders, in a range of contexts including domestic and international law. The final Part examines particular issues in the applicability of non-classical logics to legal reasoning. This book will be of interest to jurisprudence and logic scholars and students who want to deepen their understanding of relationships between law and legal reasoning, and learn about recent developments in formal logic.

Introduction Lionel D. Smith
Part I. New Logics in the Functioning of Legal Orders: 1. Logics of argumentation and the law Henry Prakken
2. Conjunction of evidence and multivalent logic Kevin Clermont
3. One God, no state, and many legal arguments: multivalent logic in Jewish law Chaim Saiman
Part II. New Logics in the Relations of Legal Orders: 4. Logical tools for legal pluralism Jaap Hage
5. Legal inconsistency and the emergence of states Nicholas Barber
6. Political settlement and the new logic of hybrid self-determination Christine Bell
7. Choice of law and choice of logic H. Patrick Glenn
8. Where laws conflict: an application of the method of chunk and permeate Graham Priest
9. Law and equity: chunk and permeate? Lionel D. Smith
Part III. The Logical Debate: 10. Do inconsistent laws deliver gluts? Jc Beall
11. The applications of bivalent logic, and the misapplication of multivalent logic to law Andrew Halpin
12. Fuzzy law: a theory of quasi-legality Oren Perez.

Subject Areas: Jurisprudence & philosophy of law [LAB], Philosophy: logic [HPL]