Aleksander Peczenik – – Artificial Intelligence and Law 4 () details Aleksander Peczenik – – Law and Philosophy 4 (2) – details. List of computer science publications by Aleksander Peczenik. Aleksander Peczenik: Jumps and Logic in the Law|What Can One Expect from. The basis of legal justification [Aleksander Peczenik] on *FREE* shipping on qualifying offers.

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This entry has no external links. Maimonides, Nature and Natural Law.

Request removal from index. Added to PP index Total downloads 40of 2, Recent downloads 6 months 5of 2, How can I increase my downloads? Levine – – Journal of Religious Ethics 14 2: Using PhilPapers from home? Aleksander Peczenik – pezenik Dbk. Weighing of principles plays a great role in legal argumentation, inter alia in statutory interpretation. Finally, locality is not absolute either. Liberal ontology, admitting such entities as morally justified law, is possible as well.

Global Justice in Applied Ethics. By means of production of general and defeasible theories, legal It also needs a more abstract deliberation, given by expert jurists. Aleksander Peczenik – – Law and Philosophy 4 2: Ceteris paribus, the degree of coherence of argumentation depends on answers to such questions as: Philosophy of Law categorize this paper.


The Dilemma of aleskander Silent Legislator. Moral Justification in Meta-Ethics. Though sometimes restricted to a given state, theories of legal doctrine display relevant similarities to corresponding theories in other states. Fragmentation of legal doctrine is not absolute. The Autonomy of Law: Legal dogmatics is necessary in the context of constitutional constraints on the majority rule.

Moral and Ontological Justification of Legal Reasoning. Among other things, the lawyers take for granted that legal reasoning is based on valid law and that some sources of law, such as statutes, are binding. Formalism about Legal Reasoning in Philosophy of Law.

Sign in to use this feature. Only if the courts act on the basis of Reason they can be a legitimate counterpart of the majority rule.

Aleksander Peczenik, The Basis of Legal Justification – PhilPapers

The theories produce principles and they also produce defeasible rules. The Methodology of Maurice Hauriou: Though sometimes restricted to a given state, theories of legal doctrine display relevant similarities to corresponding theories in other states.

To deal with defeasibility and weighing, a jurist needs both the belief-revision logic and the nonmonotonic logic. On the other hand, some particularities of legal argumentation must be noticed, as well. Aleksander Peczenik – – Ratio Juris 17 1: The argumentation used to achieve coherence involves not only description and logic but also evaluative steps.


Aleksander Peczenik – – Argumentation 9 5: Be alerted of all new items appearing on this page. Legal doctrine in Continental European law consists of professional legal writings, e.

The position taken in this article is to answer such criticism by mutually adjusting philosophy and the practices of the law. However, sceptics criticise juristic doctrine for its normative There exist various juristic roles and corresponding types of argumentation, e.

The vagueness of legal doctrine can be construed as defeasibility. Finally, locality is not absolute either. The Three Faces of Defeasibility in the Law.