_ Source: _Volume 26, Issue 2, pp 149 - 173 In the fourth treatise of his legal-theological work _Kitāb al-Anwār wa-al-Marāqib_, Yaʿqūb al-Qirqisānī analyzes a criticism of the Aristotelian syllogism and its epistemological foundations. Qirqisānī defends Aristotelian logic by quoting a passage from an unknown commentary on Aristotle in which the Aristotelian theory of syllogism is explicated. This paper focuses on the historical, theological, and philosophical meanings of the criticism of the syllogism in Qirqisānī’s discussion and (...) analyzes his interpretation of the syllogism as a source of knowledge that should be applied in the realm of legal reasoning and in the interpretation of biblical law. (shrink)

Bayesian approaches to legal reasoning propose causal models of the relation between evidence, the credibility of evidence, and ultimate hypotheses, or verdicts. They assume that legal reasoning is the process whereby one infers the posterior probability of a verdict based on observed evidence, or facts. In practice, legal reasoning does not operate quite that way. Legal reasoning is also an attempt at inferring applicable rules derived from legal precedents or statutes based on the facts at (...) hand. To make such an inference, legal reasoning follows syllogistic logic and first order transitivity. This paper proposes a Bayesian model of legal syllogistic reasoning that complements existing Bayesian models of legal reasoning using a Bayesian network whose variables correspond to legal precedents, statutes, and facts. We suggest that legal reasoning should be modelled as a process of finding the posterior probability of precedents and statutes based on available facts. (shrink)

The main idea animating the present paper is that the general aim of debates, such as the one involving the notorious case of the Master Argument, is the ponderation of logical principles by confronting them with some set of assertions and other endorsed principles on the meaning explanation of connectives, quantifiers and modality. As suggested by Seel (2017), the point of the specific case of the MA is about examining Aristotle’s notion of possibility – as implemented by the Possibility Principle (...) (i.e., If it is necessary that if A then B, then B is possible if A is) and the Possibility Rule (i.e., If A is possible, and if B follows from the assumption of A, then B is is possible) in the context of a dialectical debate where it has been asserted that a given proposition is possible, even it is neither true now nor it will ever be, and where at the same time the irrevocability of the past has been endorsed. This suggests to study the MA debate in a setting based on Marion’s (2020) reconstruction of Aristotle’s Dialectical Bouts, adapted to propositions affected by modalities. The setting of Dialectical Bouts for the MA proposed includes•Propositions affected by Reichenbach’s (1948, § 5) three-folded temporal reference, namely: the point of speech S, the point of reference R and the point of the event E. This constitutes our take on Vuillemin’s (1977, 1979, 1984, 1996) suggestion of a “double indexation”.•The dialogical meaning explanation for modalities understood as involving hypotheticals. •The dialogical rules that settle the commitments undertaken when endorsing Aristotle’s Possibility Principle. In fact, in relation to the notion of possibility at work in Vuillemin’s (1996) reconstruction we explored different formulations of the Possibility Rule. Still, there remains a dearth of researches confronting the different formulations of the Possibility Rule with the texts studied by Crubellier (2010) and Rosen and Malink (2012). More generally and coming back to my remarks above, one of the most fruitful insights that can be gained from Vuillemin’s writings on the MA, is that such kind of debates provide an instance of a general pattern for reasoning that I shall call Dialectical Bouts of Material Admissibility (BMA). The rationale behind such kind of argumentation-pattern is to examine the incorporation of new (epistemological, ontological or logical) principles against the background of the commitments undertaken by endorsing a specific set of assertions and meaning explanations. They display the kind of abductive procedure stressed by Crubellier’s (2014) study of syllogism. Under this perspective Ebbinghaus’s (1964) casting of the inferential moves that reduce imperfect syllogisms to perfect ones as implementing an admissibility procedure, represents a logical generalization of the material procedures at stake in the Dialectical Bouts of Material Admissibility. Furthermore if, as stressed by Duthil-Novaes (2005) Medieval Obligations represent a development of Aristotelian Bouts aimed at the ludic exercise of consistency maintenance, DMA should be rather linked to the Islamic tradition of dialectical theory [jadal, munāẓara, ādāb al-baḥth], aimed at the epistemological task of what Young (2017) calls the forging of principles, including legal and deontic ones. In a more contemporary setting, DMA can be related to Brandom’s (2000, pp. 66-77) considerations on Non-Conservative Extensions, where the point of dialectical procedures is put under public Socratic scrutiny the discovery and elucidation of concepts. This general point on Dialectical Bouts of Material Admissibility can be seen as underlying Vuillemin’s project of linking the study of the MA with the classification of philosophical systems.The present paper does not contain a fully developed study on such Dialectical Bouts, but it is rather is an invitation to pick up the gauntlet that Jules Vuillemin threw into the ring. (shrink)

This paper analyzes legal fact-argumentation in the framework of the argumentation-based litigation game by Xiong :16–19, 2012). Rather than as an ontological one, an ALG treats a legal fact as a fact-qua-claim whose acceptability depends on the reasons supporting it. In constructing their facts-qua-claims, parties to an ALG must interact to maintain a game-theoretic equilibrium. We compare the general interactional constraints that the civil and common law systems assign, and detail what the civil, administrative, and criminal codes of (...) mainland China require of the suitor, the respondent, and the trier to establish their respective S-, R- and T-facts. We also offer an improved version of the legal syllogism. (shrink)

In this article, I distinguish between a moral and a strictly legal conception of legal normativity, and argue that legal positivists can account for law's normativity in the strictly legal but not in the moral sense, while pointing out that normativity in the former sense is of little interest, at least to lawyers. I add, however, that while the moral conception of law's normativity is to be preferred to the strictly legal conception from the rather (...) narrow viewpoint of the study of law's normativity, it is less attractive than the latter from the broader viewpoint of the study of the nature of law. I then distinguish between a moral and a strictly legal conception of the normative force of legal justification, and argue that legal positivists may without contradiction embrace the moral conception, and that therefore the analysis of the normative force of legal justification need not be a problem for legal positivists. I conclude that, on the whole, we have reason to prefer legal positivism to natural law theory. I begin by introducing the subject of jurisprudence . I then introduce the natural law/legal positivism debate, suggesting that we ought to understand it as a debate about the proper way to explicate the concept of law . I proceed to argue that legal decision‐making is a matter of applying legal norms to facts, and that syllogistic reasoning plays a prominent role in legal decision‐making thus conceived . Having done that, I discuss law's normativity , the normative force of legal justification , and the relation between the former and the latter . I conclude with a critical comment on Joseph Raz’ understanding of the question of law's normativity. (shrink)

The article presents possible applications of Paul Ricoeur’s theory in interpretation of legal texts and legally relevant human action. One should notice that Paul Ricoeur developed a comprehensive interpretation theory of two seemingly distant phenomena: literary texts and human action. When interrelating these issues, it becomes possible, on the basis of Ricoeur’s work, to construct a unified theory of the interpretation of legal texts and of legally relevant human action. What is provided by this theory for jurisprudence is (...) the possibility of formulating a comprehensive theory of application of law, well established in the ontology of the recipient of the legal text. It should be emphasised that the resulting benefits, outlined in the article become particularly noticeable when set against the background of the methodological weaknesses of legal positivism, concerning both the interpretation of law and a syllogistic model of its application. (shrink)

In teaching jurisprudence, I typically distinguish between two different families of theories of adjudication—theories of how judges do or should decide cases. “Formalist” theories claim that the law is “rationally” determinate, that is, the class of legitimate legal reasons available for a judge to offer in support of his or her decision justifies one and only one outcome either in all cases or in some significant and contested range of cases ; and adjudication is thus “autonomous” from other kinds (...) of reasoning, that is, the judge can reach the required decision without recourse to nonlegal normative considerations of morality or political philosophy. I also note that “formalism” is sometimes associated with the idea that judicial decision-making involves nothing more than mechanical deduction on the model of the syllogism—Beccaria, for example, expresses such a view. I call the latter “Vulgar Formalism” to emphasize that it is not a view to which anyone today cares to subscribe. (shrink)

Islamic law has an advanced legal theory, apart from the four basic decision-making methods, many judgment-gaining theories based on interpretation and reasoning have been derived which have been developed by Islamic jurists in the process. Islamic jurists have used some of their knowledge and techniques to correct the problematic results that arise from both the incorrect use of methods of obtaining judgments and the expansion of the scope of these methods. With these interdisciplinary studies, it was aimed to interpret (...) the criticisms directed against the analogy process and the causes accurately. One of the methods used at the point of revealing whether these criticisms and objections are based on a justified reason and evidence is the debating method. The method of debating, which has become an independent discipline along with fiqh and kalām in the Islamic scientific tradition, began to form during the periods when sects were formed (II century Hijri). The discipline of debate, which has found a practical field in the methodology of Islamic jurisprudence (fiqh), has been particularly effective in interpreting analogy (qiyas), which constitutes an important part of fiqh, and is even assumed to be among the methods of inference (istidlāl). Many Fasād al-waḍʻ (invalidity of an argument of syllogism) is one of the methods of debating has been used in uṣūl al-fiqh. Fasād al-waḍ‘ has been described as the binding of a provision to a cause (ʻillat) that is the opposite of what that cause requires. This is a situation that completely invalidates the cause. In Fasād al-wad‘, the objector proves that the analogy is erroneous by directing objections to the person who brings the evidence. Since Fasād al-wad‘ is a type of objection directed to the basis of the fiction of analogy, it has been accepted by Islamic jurists as one of the strong objections directed to the cause/analogy. However, the issue of which cause this type of objection can be directed against has been discussed among Islamic jurists. Hanafīs accept Fasād al-wad‘ as a sound objection method, but they think that it is not possible to object to the effective causes (al-ʻillat al-muaththirah) with it. Because, according to Hanafīs, the correctness of the effective quality has been revealed by the Qur’ān, the Sunnah and the consensus (ijmā’). Because these proofs do not produce false qualifications. According to Shafeis, all causes and provision can be objected with Fasād al-wad’. In fact, some Shāfi'ī jurists consider this method as a general type of objection, not aunique one to the analogy. Due to these different interpretations that Islāmic law schools attribute to the conditions of analogy and the nature of Fasād al-wad‘, different results may arise in furû issues. In this study, Fasād al-wad‘as a type of objection to the analogy process in Islamic legal procedure has been examined and the nature of Fasād al-wad‘ has been tried to be revealed by determining the comparative furû. Thus, it is aimed to identify and analyse the diversity of legal reasoning methods, which have an important place in the logic of law in Islam and can be gathered under the name of analogy. (shrink)

Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers (...) an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles. (shrink)

First, on the "lawless adjudicator." The question I want to pose is this: Why is it so hard for the legal academy - and the legal profession - to come to grips with the bare logic of the charge, much less the case, that Vere acted lawlessly, and therefore criminally, and indeed murderously, when he willfully distorted the governing law, so as to execute Billy? Why has this quite specific legal claim not received more of a hearing? (...) Is it because Weisberg was not sufficiently considerate in his communication of this idea? On first blush that seems implausible: It is one thing, after all, to argue syllogistically that Claggart is Christ, that Claggart is a villain, and that therefore Christ is a villain-one can see why that claim may require considerate communication - but the indictment of the fictional Vere in a nineteenth century novella? Why has it proven so hard for the academy to hear Weisberg's claim that Vere is a murderer? Here is the syllogism: Vere was charged with the duty to uphold the law, he betrayed the law and his duty to apply it in order to execute an innocent man, and he did it knowingly, intentionally, and with plenty of malice aforethought, and for the most profoundly personal, political reasons. Therefore, Vere is a lawless adjudicator, a dissembler, a criminal, a murderer. Does that straightforward legal argument - that an adjudicator is a man to whom the power to declare what the law is has been delegated; that an adjudicator might be a criminal, and might achieve criminal ends, through dissembling, misrepresenting, or perverting legal texts, and thereby through breaching a trust - itself require considerate communication? Has our faith in adjudication reached such absurd heights that the lawless or criminal adjudicator has become an unthinkable oxymoron? Or, have our expectations dropped so low that the phrase "lawless adjudicator" has become redundant, so self evident, that the presentation, the claim, that an adjudicator is lawless, is just a trite, banal, and unnecessary restatement of a mode of being always and already present in courts of law? (shrink)

A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner (...) considers the concepts of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless and, worse, forbidden. He analogizes unclear "orders" from a legislature to garbled battlefield communications, and argues that the duty of the recipient of those orders (the judge) is to advance as best he can the enterprise set on foot by the superiors. Case studies elaborate this thesis. Judicial decisions interpreting fixed texts, Judge Posner concludes, can be neither logically correct or incorrect, philosophically sound or unsound, until the ultimate jurist, time, has adjudged their results. (shrink)

Xiao Han Dynasty to rule the world. "Filial piety" in today's perspective the main areas of family ethics, but more are in the Han dynasty the country's political and legal issues. Special emphasis on filial piety Han has a special reason, that "five De Zhong Shi," the impact theory. Lack of filial piety in the Han Dynasty is considered a very serious crime, the punishment for the lack of filial piety of the people are very severe, Zhangjiashan simple "two (...) precepts" provides penalties for lack of filial piety that the original law. As a governing rule in Han Dynasty, filial piety plays a more significant part in the state's political and legal issues in the time than today when it mainly belongs to the family and moral categories. The special attention paid to filial piety then has its special reason , ie, the influence from the five elements circulation theory. For exploring how unfilial deeds to be seen as severe criminal behaviors and how unfilial persons were punished in Han Dynasty, The Second Year Law, the Han bamboo slips unearthed at Zhangjiashan provide the original legal texts. (shrink)

Stasis is a process of classical rhetoric that identifies the core issue in a trial or a similar debate. Hermagoras of Temnos included the first comprehensive analysis of stasis in his second-century BCE treatise on rhetoric, now lost. Modern scholars tend to echo George Kennedy, who maintains that Hermagoras’ inspiration for the hierarchical structure of stasis is indeterminate. This article, however, employs scholarship in legal semiotics, including the work of Miklós Könczöl and Bernard S. Jackson, to argue that Hermagoras (...) based stasiastic structure on Aristotle’s first-figure syllogism. Ideally, knowledge of that structure can enhance modern applications of stasis. (shrink)

The paper concerns the problem of the legal responsibility of autonomous machines. In our opinion it boils down to the question of whether such machines can be seen as real agents through the prism of folk-psychology. We argue that autonomous machines cannot be granted the status of legal agents. Although this is quite possible from purely technical point of view, since the law is a conventional tool of regulating social interactions and as such can accommodate various legislative constructs, (...) including legal responsibility of autonomous artificial agents, we believe that it would remain a mere ‘law in books’, never materializing as ‘law in action’. It is not impossible to imagine that the evolution of our conceptual apparatus will reach a stage, when autonomous robots become full-blooded moral and legal agents. However, today at least, we seem to be far from this point. (shrink)

Unity in government -- The family in English history -- Medieval English sovereignty -- The old jury -- Becket and the law.

Overgeneralizations by psychologists of the research evidence on memory and eyewitness testimony, such as “memory decays with time” or “memories are fluid and malleable,” are beginning to appear in legal judgements and guidance documents, accompanied by unwarranted disparagement of lay beliefs about memory. These overgeneralizations could have significant adverse consequences for the conduct of civil and criminal law.

The rights granted to individuals by the legal system are examined with a fundamental distinction as regards their economic value as "property rights" and "personal rights". Property rights, which differ from personal rights in terms of their economic value, are characterized as ‘absolute’ if they can be asserted against everyone and as ‘relative’ if they can only be claimed against the convict on behalf of the debtor. If absolute property rights are based on a tangible (physical) subject, they are (...) referred to as real rights. Real rights and rights of claim that have relative characteristics and can therefore only be used through the act of a specific person constitute two important components of a property. Although various attempts have been made to bring these two types of rights closer together in the historical process, these rights have continued to be considered different in terms of both nature and legal implications. The aforementioned difference arises from the form of dominance over the subject of the right, whether it is direct or indirect, the impact of these rights on the ownership of the property, whether the right is absolute or relative, whether it is continuous or not, and priority/superiority, which will be discussed in detail in the article. The conceptual framework and terms belonging to the Continental European legal system are also found in Islamic legal doctrine in similar or equivalent forms. In this context, the term "milk" has been used in the fiqh literature to encompass all property rights, and terms such as "milk al-ayn," "milk al-manfaa," "milk al-dayn," and "milk al-habs wal-yad" have been developed depending on the nature of the property subject to the right. Real rights and personal rights constitute two important parts of the asset. In some cases where legal interests between people are confronted, it may be necessary to choose between these two types of rights. In such cases, considering the authorities it contains, a kind of priority has been given to real rights over personal rights. One of the cases where this priority is most clearly seen is when a leased property is transferred to third parties while the current lease agreement is in effect. In Islamic law, the authorities granted to the person by the lease contract differ from the Continental European legal system. At this point, the powers granted by the lease contract in Islamic law differ from those in the Continental European legal system. This article argues that the right of the tenant in this regard is considered as real right in Islamic law, unlike in the Continental European legal system. To justify this, the authorities granted to the tenant in Islamic law have been examined in cases where the leased property is transferred to third parties through means that can be interpreted as unlawful acts such as sale, lease, or usurpation during the lease period. In addition, the unique approach of Islamic law on this issue has been expressed by considering both classical and modern fiqh works, and by making comparisons with Turkish law. (shrink)

This paper answers the question how pragmatic argumentation which occurs in a legal context, can be analyzed and evaluated adequately. First, the author surveys various ideas taken from argumentation theory and legal theory on the analysis and evaluation of pragmatic argumentation. Then, on the basis of these ideas, she develops a pragma-dialectical instrument for analyzing and evaluating pragmatic argumentation in a legal context. Finally she demonstrates how this instrument can be used by giving an exemplary analysis and (...) evaluation of pragmatic argumentation in a decision of the Dutch Supreme Court. (shrink)

In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim that the realists thought the law is only locally indeterminate – primarily in cases that are appealed. The second is his claim that they did not offer a prediction theory of law, but were instead committed to a standard positivist theory. Leiter’s reading is vulnerable, (...) because he fails to discuss in detail those passages from the realists that inspired past interpretations. My goal is to see how Leiter’s reading fares when these passages are considered. I argue that Leiter is right that the realists’ indeterminacy thesis has only a local scope. Those passages that appear to claim that the law is globally indeterminate actually address three other topics: judicial supremacy, judges’ roles as finders of fact, and the moral obligation to adjudicate as the law commands. With respect to the prediction theory, however, I conclude that Leiter’s position cannot be defended. Indeed the realists offered two “prediction” theories of law. According to the first, which is best described as a decision theory, the law concerning an event is whatever concrete judgment a court will issue when the event is litigated. According to the second, the law is reduced, not to concrete judgments, but to regularities of judicial (and other official) behavior in a jurisdiction. I end this essay with the suggestion that the realists’ advocacy of the second prediction theory indirectly vindicates Leiter’s reading of the realists as prescient jurisprudential naturalists. (shrink)

This paper will ask whether the legal status presently afforded to nonhuman animals ought to influence regulatory debates concerning human cerebral organoids. The New York Courts recently refused to grant a writ of habeas corpus to Happy the Elephant as she was property rather than a legal person while at the same time accepting that she is a moral patient deserving of rights protection. An undesirable situation has therefore arisen in which the law holds a being with moral (...) status to be incapable of benefitting from legal redress due to their legal status as property.The author argues that this is something that we ought to avoid when designing the regulatory framework which will govern the use of human cerebral organoids. Yet, a difference exists in that, whereas the judges already accept Happy is a moral patient, there is presently no consensus around the moral status of organoids. This paper will consider whether human cerebral organoids have passed the moral threshold of sentience. If they have, or are close to doing so, regulators ought to consider their legal status in advance so as to ensure that adequate limitations are placed on this usage so as to avoid unethical practices. (shrink)

In the years 1777–1778 four volumes were published under the title Legal Observations on Several Dark and Until Now Unverified Sections of the Introduction. The volumes were composed by a society of young legal practitioners from The Hague, the most famous among them being Joannes van der Linden. By then Grotius’s Introduction to the Jurisprudence of Holland was still the cornerstone of the law of Holland and around the year 1800 it would become the fundament for attempts to (...) codify this law. Today the Legal Observations can function as entrance to the historical sources of the law of Holland as described by Grotius and developed further after publication of his Introduction. (shrink)

This thesis is an investigation of the question of the probative force of the syllogism. It examines on what the probative force of propositions constituting an argument depends and some of the cases in which the conclusion of a syllogism is and is not proven by the premises. The investigation begins by looking at certain preliminary notions associated with arguments in general and categorical syllogisms in particular. In each categorical syllogism are found two claims. One is the (...) claim to truth made by each proposition, and another is the claim to validity made by the syllogism. When each of these claims are fulfilled the syllogism is then sound. The question is whether or not every sound syllogism also represents a proof of the conclusion. John Stuart Mill asserted that no deductive argument including the syllogism can be a proof of the truth of the conclusion on the grounds that the premises presuppose the conclusion. In fact each syllogism is an example of the fallacy of petitio principii which it must by its very nature commit. Alexander Pfänder instead claimed that only in certain cases is the conclusion not proven by the premises, while in other cases the truth of the conclusion is actually proven by the truth of the premises. An independent investigation of the question of the probative force of the syllogism is made. Because of a crucial difference between propositions affirming contingent states of fact and essentially necessary propositions affirming necessary states of fact, it is shown that no syllogism containing contingent propositions can be a proof, while a proof is present in the case of a syllogism containing essentially necessary propositions. When the propositions of an argument are contingent their truth follows from the fact each particular existing instance they refer to actually has what is affirmed by the proposition. Therefore, if the syllogism is valid, the conclusion will refer to at least some of the same particular existing instances on which the truth of each of the premises depends. The premises can be true only if the conclusion is true, and any uncertainty about the truth of the conclusion extends also to the premises. The premises cannot prove the truth of the conclusion since their truth presupposes the truth of the conclusion. Propositions which are essentially necessary are true regardless of whether or not any particular instance exists or will ever exist. Because the state of fact is essentially necessary, the predicate is intelligibly grounded necessarily in the subject. If these kinds of propositions are found in a syllogism, their truth will not depend on the truth of a conclusion. Essentially necessary propositions have probative force, and their presence in a valid argument results in an actual proof of the conclusion. (shrink)

Originally published in 1966 On the Syllogism and Other Logical Writings assembles for the first time the five celebrated memoirs of Augustus De Morgan on the syllogism. These are collected together with the more condensed accounts of his researches given in his Syllabus of a Proposed System of Logic an article on Logic contributed to the English Cyclopaedia. De Morgan was among the most distinguished of nineteenth century British mathematicians but is chiefly remembered today as one of the (...) founders of modern mathematical logic. His writings on this subject have been little read, however since apart from his Formal Logic, they lie buried for the most part in inaccessible periodicals. De Morgan's own later amendments are inserted in the text and the editorial introduction gives a summary of the whole and traces in some detail the course of the once-famous feud with Sir William Hamilton of Edinburgh. (shrink)

Over the last decade, legal recognition of same-sex relationships in Canada has accelerated. By and large, same-sex cohabitants are now recognised in the same manner as opposite-sex cohabitants, and same-sex marriage was legalised in 2005. Without diminishing the struggle that lesbians and gay men have endured to secure this somewhat revolutionary legal recognition, this article troubles its narrative of progress. In particular, we investigate the terms on which recent legal struggles have advanced, as well as the ways (...) in which resistance to the legal recognition has been expressed and dealt with. We argue that to the extent that feminist critiques of marriage, familial ideology, and the privatisation of economic responsibility are marginalised, conservative and heteronormative discourses on marriage and family are reinforced. Our case studies include two pivotal moments in the quest for legislative recognition of same-sex relationships: the Hearings of the Canadian House of Commons Standing Committee on Justice and Human Rights on Bill C-23, The Modernization of Benefits and Obligations Act, in 2000 and the hearings on Same-Sex Marriage in 2003. We find that the debates operated within a narrow paradigm that bolstered many existing hierarchies and exacerbated conditions for those who are economically disadvantaged. (shrink)

Animals in Brazil: Economic, Legal and Ethical Perspectives presents a broad overview of the complicated role of animals in Brazilian society. Its four substantive chapters survey the landscape of animal agriculture, animal protection laws, recent animal jurisprudence, and the underlying cultural factors that have shaped the Brazilian people's relationship with and treatment of animals. Despite the book's title, there is no chapter addressing economics. However, it represents the first book in English addressing the plight of animals in Brazil and (...) makes a marked contribution to animal ethics in Latin America. At its best, it is very good, and overall, the volume is a worthwhile addition to the bookshelf of anyone interested in Brazilian animal law.The introduction by the book's editor, Carlos Naconecy, does exactly what an introduction should do: it succinctly describes the content of the chapters to follow. My quibble is that while Naconecy has excellent English and expresses himself well, the essay badly needed the editorial scrutiny of a native English speaker. The succeeding chapters each begin with an abstract, a simple but useful aid to any scholar who might not be interested in all of the issues the book covers.Chapter 1, “Food Animals in Brazil: Five Decades of Transformation,” ably describes Brazil's progression from a primarily subsistence-based agrarian culture to its full-scale embrace of industrial agriculture with all of its incumbent horrors. In just 50 years, Brazil has gone from a net importer to the world's second-largest exporter.The story of the country's transition to confinement, meat-based agriculture is all too familiar. It wrought havoc on community and family ties and overwrote traditional dietary practices, leading to widespread obesity, disease, and nutrient deficiencies. It also made indifference toward agricultural animals a new national norm. The level of cruelty that is both legal and common in Brazilian industrial agriculture would strain credulity if it weren't so similar to those of so many other countries. Indeed, the authors’ discussion of the systemic animal mistreatment, devastating environmental consequences, and accompanying cultural erosion in Brazil could easily have been cut and pasted into a chapter surveying the last 50 years in the United States.The second chapter is the strongest in the collection. “The Legal Protection of Animals in Brazil: An Overview” summarizes the country's animal-legal framework and situates it within the context of Brazil's constitutional prohibition against animal cruelty. The authors explain why the constitution offers little practical protection. Under the prevailing view, only those acts undertaken for the purpose of causing needless suffering constitute cruelty. Since much animal cruelty is ostensibly done for other reasons (food, science, etc.), the cruelty prohibition does not reach the majority of offenses.The authors next construct a syllogistic argument that the current legal classification of animals as “things” rather than beings who are the subjects of rights is logically and ethically flawed. Since cruelty involves suffering, and objects cannot suffer, and since animals suffer (otherwise animal cruelty laws would be pointless), then animals must be subjects of the law. Phrased differently, animals must be rights-holders. This leads into a compelling argument that the constitution not only supports but requires such an interpretation.“Cases and Debates in the Brazilian Animal Rights Arena” does exactly what its title suggests. It looks at recent animal-related judicial developments and situates them within a broader cultural and legal context. For example, the Supreme Court recently held that the Vaquejada, a rodeo-like event involving chasing and tackling terrified cows, was unconstitutional.Immediately following the decision, the legislature amended the constitution to classify the Vaquejada as an important cultural activity and thus protected under a different constitutional provision. The courts are currently considering whether that constitutional amendment is itself unconstitutional. We are further told about movements against foie gras and vivisection and about recent developments regarding custody disputes over domestic animal companions.The final chapter, “Factors That Influence the Brazilian Ethos Regarding Animals” is a broad discussion of the ways Brazilian history and culture have impacted attitudes toward animals. It is argued that because Brazil was the last Western country to eliminate slavery, Brazilians are more prone to treat animals like property and that the Brazilian temperament makes them more likely to be passionate than pragmatic. We also learn that a cultural reluctance to protest against social wrongs enables Brazilians to remain silent in the face of animal injustice and that the country's Catholic tradition instilled the idea that only people were made in the image of God and that animals therefore matter less. These observations strike me as overbroad and problematic. For example, millions of Brazilians have spent much of the past decade protesting government corruption, and the country has an impassioned animal advocacy movement. Furthermore, it is not clear that Brazilians necessarily treat animals differently than people from other countries with very different histories.Overall, Animals in Brazil begins the work of new scholarship in English on animals in the Brazilian context. The fact that some chapters are more informative and useful than others is an inevitable by-product of an edited volume and should not deter those interested in Brazilian animal law from reading it. The excellence of the first two chapters alone makes the book worthwhile. (shrink)

This article explores the domain of legal analysis and its methodologies, emphasising the significance of generalisation in legal systems. It discusses the process of generalisation in relation to legal concepts and the development of ideal concepts that form the foundation of law. The article examines the role of logical induction and its similarities with semantic generalisation, highlighting their importance in legal decision-making. It also critiques the formal-deductive approach in legal practice and advocates for more adaptable (...) models, incorporating fuzzy logic, non-monotonic defeasible reasoning, and artificial intelligence. The potential application of neural networks, specifically deep learning algorithms, in legal theory is also discussed. The article discusses how neural networks encode legal knowledge in their synaptic connections, while the syllogistic model condenses legal information into axioms. The article also highlights how neural networks assimilate novel experiences and exhibit evolutionary progression, unlike the deductive model of law. Additionally, the article examines the historical and theoretical foundations of jurisprudence that align with the basic principles of neural networks. It delves into the statistical analysis of legal phenomena and theories that view legal development as an evolutionary process. The article then explores Friedrich Hayek’s theory of law as an autonomous self-organising system and its compatibility with neural network models. It concludes by discussing the implications of Hayek’s theory on the role of a lawyer and the precision of neural networks. (shrink)

The objective Bayesian view of proof (or logical probability, or evidential support) is explained and defended: that the relation of evidence to hypothesis (in legal trials, science etc) is a strictly logical one, comparable to deductive logic. This view is distinguished from the thesis, which had some popularity in law in the 1980s, that legal evidence ought to be evaluated using numerical probabilities and formulas. While numbers are not always useful, a central role is played in uncertain reasoning (...) by the ‘proportional syllogism’, or argument from frequencies, such as ‘nearly all aeroplane flights arrive safely, so my flight is very likely to arrive safely’. Such arguments raise the ‘problem of the reference class’, arising from the fact that an individual case may be a member of many different classes in which frequencies differ. For example, if 15 per cent of swans are black and 60 per cent of fauna in the zoo is black, what should I think about the likelihood of a swan in the zoo being black? The nature of the problem is explained, and legal cases where it arises are given. It is explained how recent work in data mining on the relevance of features for prediction provides a solution to the reference class problem. (shrink)

: Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

Ronald Dworkin once identified the basic question of jurisprudence as: ‘What, in general, is a good reason for a decision by a court of law?’ I argue that, over the course of his career, Dworkin gave an essentially sound answer to this question. In fact, he gave a correct answer to a broader question: ‘What is a good reason for a legal decision, generally?’ For judges, officials of executive and administrative agencies, lawyers, non-governmental organizations, and ordinary subjects acting in (...) the variety of legal contexts, Dworkin identified the proper basis for a legal decision, and its implications for the form of well-conducted legal reasoning. Dworkin's stance on the above questions can be characterised by two theses. I defend his view by substantiating each. The result is agnostic about the viability of other aspects of Dworkin's legal theory, as it focuses on the grounds of proper legal decision-making. Whatever the fate of his other philosophical views, Dworkin's jurisprudence includes a clear-heade... (shrink)

Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.

This book is one of the series entitled "Rare Masterpieces of Philosophy and Science" and it is entitled to both distinctions. The papers collected here are virtually unobtainable except in the most complete libraries; and de Morgan's work is clearly that of a master-between Boole and Frege, he is the leading figure in formal logic. The papers found herein include the series of six on the syllogism published between 1846 and 1868, together with three shorter notes concerning logical phraseology, (...) a syllabus for a system of logic, and an encyclopaedia article whose topic is logic. The editor has added a useful introduction which, among other important services, allows us to see de Morgan, not, as we today see him, as a founder of symbolic logic, but as a rival of William Hamilton, engaged in controversy much of his life.—P. J. M. (shrink)

Computational approaches to the law have frequently been characterized as being formalistic implementations of the syllogistic model of legal cognition: using insufficient or contradictory data, making analogies, learning through examples and experiences, applying vague and imprecise standards. We argue that, on the contrary, studies on neural networks and fuzzy reasoning show how AI & law research can go beyond syllogism, and, in doing that, can provide substantial contributions to the law.

Kant resorts to the idea of an original contract in order to legitimate Right and the State; however, no reasons are given for the establishment of either of them. The article suggests that the concept of natural state needs to be analyzed in order to find out what those reasons are. This concept not only indicates what those reasons are, but also determines the content of positive legal norms. On the other hand, the article suggests that the wide spectrum (...) of the concept of natural state also motivates the Kantian idea of a universal legal structure. (shrink)

The numerically definite syllogistic is the fragment of English obtained by extending the language of the classical syllogism with numerical quantifiers. The numerically definite relational syllogistic is the fragment of English obtained by extending the numerically definite syllogistic with predicates involving transitive verbs. This paper investigates the computational complexity of the satisfiability problem for these fragments. We show that the satisfiability problem (= finite satisfiability problem) for the numerically definite syllogistic is strongly NP-complete, and that the satisfiability problem (= (...) finite satisfiability problem) for the numerically definite relational syllogistic is NEXPTIME-complete, but perhaps not strongly so. We discuss the related problem of probabilistic (propositional) satisfiability, and thereby demonstrate the incompleteness of some proof-systems that have been proposed for the numerically definite syllogistic. (shrink)

Perhaps the strangest controversy in the history of logic is that over the fourth figure of the syllogism. There was never any argument as to what syllogisms are valid, but merely as to how they should be arranged. Aristotle had divided syllogisms into figures according to whether the middle term was subject of one premiss and predicate of the other, or predicate of both premisses, or subject of both. Theophrastus and Eudemus subdivided the first figure into those moods in (...) which the middle term was subject of the major premiss and those moods in which the middle was predicate of the major premiss. The latter moods were termed indirect. Galen said they constituted a separate figure; and so the controversy started. It has continued to the present with many writers objecting to the fourth figure, generally on grounds that it does not represent a genuine process of thought, and even ascribing this objection to Aristotle. The issue has been joined by writers who believe that it does represent a genuine process of thought. (shrink)