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Post Positivism.

Duncker & Humblot GmbHerschienen am01.07.2014
Post-positivism presents a materialist, holist, monist, cognitivist theory of law and justice. It argues that positivism and natural law are complementary, not conflicting, and that normative inference (is-to-ought) can be a valid form of logical reasoning. These are two key breaks from 20th Century legal theory, which wrongly assumed that normative inferencing was logically flawed and consequently that positivism and natural law were logically contradictory. David Hume never rejected normative inferencing. Hume's counsel was that whoever wishes to make a normative inference must express their implicit premises. Normative propositions can be recast as logical conditionals and thus be used as premises of syllogisms. Laws are best understood as logical conditionals (if-then statements). Logic consists of two branches, theoretical rationality and practical reasoning. The inadequacy of binary logic to accurately describe law is seen in several logical paradoxes about law, which can be avoided by multivariate logic.

Eric Engle (JD, St. Louis, DEA, Paris, LL.M. Dr. Jur. Bremen) currently teaches law at Humboldt University of Berlin. He has taught law in France, Germany, Estonia, and Russia. He speaks English, French, and German fluently, and also speaks Spanish, Russian, and Estonian. He has published several dozen law review articles.mehr

Produkt

KlappentextPost-positivism presents a materialist, holist, monist, cognitivist theory of law and justice. It argues that positivism and natural law are complementary, not conflicting, and that normative inference (is-to-ought) can be a valid form of logical reasoning. These are two key breaks from 20th Century legal theory, which wrongly assumed that normative inferencing was logically flawed and consequently that positivism and natural law were logically contradictory. David Hume never rejected normative inferencing. Hume's counsel was that whoever wishes to make a normative inference must express their implicit premises. Normative propositions can be recast as logical conditionals and thus be used as premises of syllogisms. Laws are best understood as logical conditionals (if-then statements). Logic consists of two branches, theoretical rationality and practical reasoning. The inadequacy of binary logic to accurately describe law is seen in several logical paradoxes about law, which can be avoided by multivariate logic.

Eric Engle (JD, St. Louis, DEA, Paris, LL.M. Dr. Jur. Bremen) currently teaches law at Humboldt University of Berlin. He has taught law in France, Germany, Estonia, and Russia. He speaks English, French, and German fluently, and also speaks Spanish, Russian, and Estonian. He has published several dozen law review articles.
Details
Weitere ISBN/GTIN9783428539871
ProduktartE-Book
EinbandartE-Book
FormatPDF
Erscheinungsjahr2014
Erscheinungsdatum01.07.2014
Seiten478 Seiten
SpracheEnglisch
Dateigrösse2538
Artikel-Nr.3207905
Rubriken
Genre9200