This monograph proposes a new way of studying the different forms of correlational inference, known in the Islamic jurisprudence as qiyās. According to the authors’ view, qiyās represents an innovative and sophisticated form of dialectical reasoning that not only provides new epistemological insights into legal argumentation in general but also furnishes a fine-grained pattern for parallel reasoning which can be deployed in a wide range of problem-solving contexts and does not seem to reduce to the standard forms of analogical reasoning (...) studied in contemporary philosophy of science and argumentation theory. After an overview of the emergence of qiyās and of the work of al-Shīrāzī penned by Soufi Youcef, the authors discuss al-Shīrāzī’s classification of correlational inferences of the occasioning factor. The second part of the volume deliberates on the system of correlational inferences by indication and resemblance. The third part develops the main theoretical background of the authors’ work, namely, the dialogical approach to Martin-Löf's Constructive Type Theory. The authors present this in a general form and independently of adaptations deployed in parts I and II. Part III also includes an appendix on the relevant notions of Constructive Type Theory, which has been extracted from an overview written by Ansten Klev. The book concludes with some brief remarks on contemporary approaches to analogy in Common and Civil Law and also to parallel reasoning in general. (shrink)

This monograph proposes a new way of implementing interaction in logic. It also provides an elementary introduction to Constructive Type Theory. The authors equally emphasize basic ideas and finer technical details. In addition, many worked out exercises and examples will help readers to better understand the concepts under discussion. One of the chief ideas animating this study is that the dialogical understanding of definitional equality and its execution provide both a simple and a direct way of implementing the CTT approach (...) within a game-theoretical conception of meaning. In addition, the importance of the play level over the strategy level is stressed, binding together the matter of execution with that of equality and the finitary perspective on games constituting meaning. According to this perspective the emergence of concepts are not only games of giving and asking for reasons, they are also games that include moves establishing how it is that the reasons brought forward accomplish their explicative task. Thus, immanent reasoning games are dialogical games of Why and How. (shrink)

One of the epistemological results emerging from this initial study is that the different forms of co-relational inference, known in the Islamic jurisprudence as qiyās, represent an innovative and sophisticated form of reasoning that not only provides new epistemological insights into legal reasoning in general but also furnishes a fine-grained pattern for parallel reasoning which can be deployed in a wide range of problem-solving contexts and does not seem to reduce to the standard forms of analogical argumentation studied in contemporary (...) philosophy of science. However, in the present paper we will only discuss the case of so-called co-relational inferences of the occasioning factor and only in the context of Islamic jurisprudence. (shrink)

RésuméCette première étude permet notamment de dégager ce résultat épistémologique: les différentes formes d’“inférence co-relationnelle” connues dans la jurisprudence islamique sous le nom de qiyās représentent une forme innovante et sophistiquée de raisonnement qui permet non seulement d'avoir une conception épistémologique plus claire du raisonnement légal en général, mais aussi de produire une mécanique bien huilée pour le “raisonnement parallèle”; cette mécanique du “raisonnement parallèle” peut être déployée selon un large spectre dans différents cadres de résolution de problèmes et ne (...) semble pas se réduire aux formes standard de l'argumentation analogique étudiées en philosophie des sciences contemporaine. Nous n'aborderons cependant dans la présente étude que le cas de la dénommée “inférence co-relationnelle du facteur occasionnel”, et ce seulement dans le contexte de la jurisprudence islamique. (shrink)

We now move to the demonstration of the left-to-right direction of the equivalence result. Let us assume that there is a winning $$\mathbf {P}$$ P -strategy in the dialogical game for $$\varphi $$ φ.

In its origins Dialogical logic constituted the logical foundations of an overall new movement called the Erlangen School or Erlangen Constructivism that should provide a new start to a general theory of language and of science. In relation to the theory of language, according to the Erlangen-School, language is not just a fact that we discover, but a human cultural accomplishment whose construction reason can and should control. The constructive development of a scientific language was called the Orthosprache-project. Unfortunately, the (...) Orthosprache-project was not further developed and somehow seemed to fade away. Perhaps, one could say that one of the reasons is that the semantic links between dialogical logic, that was restricted to logical constants, and the more general linguistic aspirations of the Orthosprache were not sufficiently developed and then the new theory of meaning of dialogical logic seemed to be cut off from the project of setting the basis for a general theory of meaning.In the present paper we would like to contribute to precise one possible way in which a general dialogical theory of meaning could be linked to dialogical logic. More precisely, the main aim of the article is to set the basis for the meaning of elementary sentences in the context of dialogical interaction. (shrink)

This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen´s Dilemma, the Rhetor´s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying problematic of these contributions concerns the conditional structures and, more particularly, the relationship between legal theory and legal reasoning in the context of conditions.

Paraconsistent logics are the formal systems in which absurdities do not trivialise the logic. In this paper, we give Hintikka-style game theoretical semantics for a variety of paraconsistent and non-classical logics. For this purpose, we consider Priest’s Logic of Paradox, Dunn’s First-Degree Entailment, Routleys’ Relevant Logics, McCall’s Connexive Logic and Belnap’s four-valued logic. We also present a game theoretical characterisation of a translation between Logic of Paradox/Kleene’s K3 and S5. We underline how non-classical logics require different verification games and prove (...) the correctness theorems of their respective game theoretical semantics. This allows us to observe that paraconsistent logics break the classical bidirectional connection between winning strategies and truth values. (shrink)

This volume presents mathematical game theory as an interface between logic and philosophy.

Recent literature on dialogical logic discusses the case of tonk and the notion harmony in the context of a rule-based theory of meaning. Now, since the publications of those papers, a dialogical version of constructive type theory has been developed. The aim of the present paper is to show that, from the dialogical point of view, the harmony of the CTT-rules is the consequence of a more fundamental level of meaning characterized by the independence of players. We hope that the (...) following paper will contribute to a better understanding of the dialogical notion of meaning. (shrink)