This book is unique in presenting an interdisciplinary conversation between jurists and logicians. It brings together scholars from both law and philosophy, and looks at the application of 'the new logics' to law and legal ordering, in a number of legal systems. The first Part explores the ways in which the new logics shed light on the functioning of legal orders, including the structure of legal argumentation and the rules of evidence. The second addresses how non-classical logics can help us to understand the interactions between multiple legal orders, in a range of contexts including domestic and international law. The final Part examines particular issues in the applicability of non-classical logics to legal reasoning. This book will be of interest to jurisprudence and logic scholars and students who want to deepen their understanding of relationships between law and legal reasoning, and learn about recent developments in formal logic.
H. Patrick Glenn (1940-2014) taught and had research interests in the areas of comparative law, private international law, civil procedure and the legal professions. He was Peter M. Laing Professor of Law at McGill University, Montreal, and was a member of the Royal Society of Canada and a titular Member of the International Academy of Comparative Law. He also served as Director of the McGill Institute of Comparative Law. In 2006, Glenn received the Prix Leon-Gerin in recognition of his contributions to comparative law over his career, and in 2012, he was elected President of the American Society of Comparative Law. Lionel D. Smith is Sir William C. Macdonald Professor of Law at McGill University, Montreal and Professor of Private Law at Dickson Poon School of Law, King's College London. He has written extensively on many aspects of comparative private law and is particularly engaged with how private law understands aspects of unselfish behaviour. Smith is a member of the American Law Institute, the European Law Institute, the International Academy of Comparative Law and the International Academy of Estate and Trust Law.
Introduction Lionel D. Smith; Part I. New Logics in the Functioning of Legal Orders: 1. Logics of argumentation and the law Henry Prakken; 2. Conjunction of evidence and multivalent logic Kevin Clermont; 3. One God, no state, and many legal arguments: multivalent logic in Jewish law Chaim Saiman; Part II. New Logics in the Relations of Legal Orders: 4. Logical tools for legal pluralism Jaap Hage; 5. Legal inconsistency and the emergence of states Nicholas Barber; 6. Political settlement and the new logic of hybrid self-determination Christine Bell; 7. Choice of law and choice of logic H. Patrick Glenn; 8. Where laws conflict: an application of the method of chunk and permeate Graham Priest; 9. Law and equity: chunk and permeate? Lionel D. Smith; Part III. The Logical Debate: 10. Do inconsistent laws deliver gluts? Jc Beall; 11. The applications of bivalent logic, and the misapplication of multivalent logic to law Andrew Halpin; 12. Fuzzy law: a theory of quasi-legality Oren Perez.