Lógica jurídica. Front Cover. Ulrich Klug. Ed. Sucre, – Filosofia del derecho – pages Bibliographic information. QR code for Lógica jurídica. Lógica Jurídica Ulrich Klug – Download as PDF File .pdf), Text File .txt) or read online. Get this from a library! Logica Juridica. [Ulrich Klug].
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In a nutshell, Jhering claimed that law and its application is not an end in itself but a means to reach another ends, including interests, purposes and values, to the extent that argumentation is essential to law and its application to guarantee an adequacy of the means to ends, as well as of their consequences and functions, which most of the time are implicit rather than explicit.
The passing of any animal, like a dog, which constitutes a danger or represents an unnecessary risk to the well being of the passengers, is and must be equally forbidden. Essays on Legisprudence Ashgate ; ‘Legisprudence: What cannot be erase, what will eternally live, is my Civil Code”. In that sense, I pretend to revisit the critiques that Kennedy elaborated regarding jlug education and its role in the reproduction of hierarchy.
They learn “issue spotting”, which means identifying the ways in which the rules are ambiguous, in conflict, or have a gap when applied to particular fact situations. Levy 58 Temple L Quarterly You always can imply a condition in a contract. The analytical reasoning, both in the form of the deductive syllogism and of the deductive demonstration or proof, constitutes a central part in the formal or traditional logic. Both kinds are based in a syllogism, i.
Rather we must ulricj teaching-learning law as an argumentative model, which creates a solution to the problem at hand by attributing meaning or sense to a norm. This explains how legal education not juridkca reproduces the existing hierarchy but also re-legitimizes past decisions and reinforces the statu quo.
What does not happen in reality, what does not exist other than in laws and on the paper, is just a ghost of the law, mere words and nothing else.
Non ex regula ius summatur, sed ex iure quod est regula fiat. Provided that it is forbidden to pass to the subway or train with dogs, which constitute a danger or represent an unnecessary risk to ulricb well being of the passengers. What’s more, it is said that, facing an eventual interpretation of his code, he did claim mon Code est perdu.
In a nutshell, the adjudicative or judicial function is more an interpretative-argumentative product rather than inventive-legislative, as Dworkin puts it: Hart Oxford University Press Actually, the meaning of the word ‘conclude’ is “deduct or derive a judgment from other propositions, including judgments”.
Once the traditional conception of legal interpretation as mere application is displaced by an alternative conception as argumentation, it is clear that the applicative model must yield to the argumentative one. Introduction to Legal Logic30 which was published, inthe same year that Ulroch Henrik von Wright and Ulrich Klug published their first articles and books on deontic or modal logic and legal logic, 31 and even before authors such as Georges Kalinowski.
Theory of Legal Argumentation. On the contrary, what is realized as law is law, even though it is neither written in the laws, nor the people and the science have gained knowledge of it yet. Lalor trans, Callaghan and Company They learn elementary case analysis, meaning the art of generating broad holdings for cases, so they will apply beyond their intuitive scope, and narrow holdings for cases, so that they won’t apply where it at first seemed they would. Analogously, in legal education we must stop teaching-learning law as an application model, which contains beforehand the preconceived solution to any legal problem waiting to be declared -or more precisely re-declared.
For that purpose, he revises, on one side, the critiques that Duncan Kennedy formulated on legal education and its role in the reproduction of hierarchy; and, on the other, the characteristics of the standard theory of legal argumentation, from the classics that distinguished between analytical and dialectical logic and within the latter between topic and rhetoric, to the contemporaries, including the anti-formalist movements.
So, from two premises protesis one necessarily arrives to a conclusion. In that sense, it is a common place to locate, following Neil MacCormick, the particular legal argumentation within general practical argumentation, 34 which includes axiological, deontological and teleological reasons about the material correction and validity of the argument itself.
Essays in Honour of H. On this regard, let me bring to mind Oliver Wendell Holmes Jr. My truth glory is not in winning forty battles; Waterloo will eclipse the memory of many victories.
In addition, we are not certain that the legislator considered prohibiting passing with any dog, including assistance or service dogs, or else permitting passing with the bear, but it is probable that the legislator when establishing the prohibition was thinking it very likely that people will attempt to pass with a dog and that it was very unlikely to do it with a bear, assuming that he even considered it as a possibility. Moreover, ever since the appearance in Germany of the Review of the Historical School in it was clear that the law regulated legal relations, but in a more concrete way as expressed by the volkgeist or spirit of the people as national or state law, in this case, German law, but contrasted with the more sophisticated version of the law available at that time, i.
The former reasoning is incontrovertible, irrefutable and undeniable; it is simply out of question, because they are certain and already proved to the extent that the syllogism is formed by primitive and truth propositions, or else to propositions that own their certainty to primitive and truth propositions, and as such are object both of the First Analytics or Analitica primera as a theory of deduction or syllogism; and, of the Second Analytics or Analitica posteriori as a theory of demonstration or proof.
The second one, although “of certain size” will be helpful to reduce the vagueness from all animals to animals of certain size, is still a vague expression that will appear clearly applicable to larger dogs, such as Great Danes, and not to smaller ones, such as Chihuahuas. It is because of some belief as to the practice of the community or of a class, or because of some opinion as to policy, or, in short, because of some attitude of yours upon a matter not capable of exact quantitative measurement, and therefore not capable of exact logical conclusions.
However, this reasoning begins with an openly false premise, i. Let me clarify that the Corpus Iuris Civilis comprised: Moreover, the Council, presided by Napoleon himself, suppressed this part before presenting it to the General Assembly.
Lógica jurídica – Ulrich Klug – Google Books
For instance, a court is bounded by its previous rulings; lower courts are bound to follow the criteria or precedent of upper courts; and judges are bounded by the legislative enactments.
With that, instead of an authentic exegesis, i.
Flores IB, ‘Unchaining Prometheus: