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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This explains how legal education not only reproduces the existing hierarchy but also re-legitimizes past decisions and reinforces the statu quo. However, this reasoning begins with an openly false premise, i. Klkg of Legal Argumentation Aristotle in his Treatise of Logicwell known as Organon 22 distinguished between two kinds of reasoning: The explanation is quite logical: Additionally, I will insist that law is and must be properly understood as an argumentative model, regardless of appearing to be reduced to a mere applicative one, especially in the context of the great codifications from Justinian to Napoleon; and, hence, its teaching-learning must be done according to its argumentative nature, not merely applicative.
Non ex regula ius summatur, sed ex iure quod est regula fiat. Lalor trans, Callaghan and Company 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.
Nevertheless, in reality, legal education is limited or restricted to the teaching-learning and, thus, to the recreation of the existing rules, and the prior responses given by others. Provided that it is forbidden to pass to the subway or train with dogs, which constitute a danger or represent an unnecessary risk to the well being of the passengers.
It is also clear that regardless of the intentions of the French emperor, the members of the commission neither conceive the code nor the law as a merely applicative model, and much less do they pretend it was perfect, but perfectible as any other human endeavor.
Accordingly, we will revisit some of the central aspects of legal argumentation, from the appearance with Aristotle, next to the traditional rational logic, i. To the extent that for Napoleon the Code was nothing but perfect, a sign of excessive trust in the French rationalism that enable him to consider it as “the most pure exercise of reason”, and that any deforming interpretation of it may endanger his general project of bringing order in both the internal and the external.
Hart Oxford University Press By the by, it offers further reasons not only both to maximize a rule and minimize other in case of conflict, and to optimize principles in case of collision by balancing them, but also to justify the application of ,ogica exception to the general rule as long as juridicx are more beneficial following the pro hominepro personae and even pro reo klut.
Furthermore, the legal argumentation is developed within an institutional context and comprises institutional reasons, i. So for Holmes the judge’s law making function was ‘interstitial”.
Loguca 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. On the one hand, logical-systematical reasons include: They claimed that from something as abstract as legal concepts it uprich possible to capture -and even exhaust- the essence of law and of the legal relations that it pretend to regulate, to the extent that it will suffice to apply them almost automatically or mechanically.
In Fuller’s voice “The correction of obvious legislative errors or oversights is not to supplant the legislative will, but to make that will effective”.
Dworkin R, ‘No Right Answer? Fuller pointed out, constituting an impermissible invasion of the legislative function, since the judge is entitled to complement the legislator not to supplant the legislature. In the case of legal argumentation it results that the reasons in favor and against juuridica not exclusively formal but material as well.
Ulrich Klug (Author of LOGICA JURIDICA )
Law students sometimes speak as though they learned nothing in school. The law exists to be realized.
Actually, as the Digest contemplates: This is an open-access article distributed under the terms of the Creative Commons Attribution License. In the case at hand, the head of the police commits a fallacy and falls into what is a pseudo-reasoning, which seems to be a valid reasoning but is not: Actually, the meaning of the word ‘conclude’ is “deduct or derive a judgment from other propositions, including judgments”.
Lógica jurídica – Ulrich Klug – Google Books
Ronald Dworkin, Justice in Robes Summary: Levy 58 Temple L Quarterly 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. In that sense, I pretend to revisit the critiques that Kennedy elaborated regarding legal education and its role in the reproduction of hierarchy.
January 07, ; Accepted: In that sense, the Exegetic School presupposes that the legal norm constitutes a hypothesis that the judge applies as a general and abstract rule to a particular and concrete case, by subsuming automatically or mechanically particular and concrete facts in general and abstract norms to reach a conclusion, which deductively determines the legal consequences applicable ylrich the case at hand.
My truth glory is not in winning forty battles; Waterloo uldich eclipse the memory of many victories.
Breaking the chains that have law and legal education bounded to a traditional model and the necessity of unleashing all its potential, is part of the wider call for breaking the walls, which, by the by, has proved to be more than a great metaphor since it is actually possible to do it as it has been manifest after twenty-five years of juridida fall of the wall in Berlin.
Moreover, the right answer is not and cannot be known ex ante to be merely applied but ex post juridida it has been argued for.