The paper starts from the observation that laws are full of conditional norms or obligations, the defeasible character of which prevents representing them by the material implication of classical logic. Material implication almost never adequately...
How logic can cope with the law, and vice versa, strongly depends on how one imagines the structure of legal reasoning. Of course, one can analyze relationships between (supposed) statements of legal code in the conditional, prescriptive form...
My contribution starts with an analysis of the structure of normative argumentation, which is understood as the balancing of normative arguments that leads to normative judgements. Its crucial point is that normative arguments and normative...
Distinguishing rules and principles presupposes a criterion as a means not only to identify rules and principles but also to underscore their differences. In this essay, the notion of defeasibility will be presented as such a criterion....
Postmodernism has discredited thinking and arguing with dichotomies. Especially since the great dichotomies of object and subject, body and mind, being and ought are obsolete to it. Against this background, a critique of law and jurisprudence grew...