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Law, Morals and Defeasibility
Author(s) -
Hage Jaap,
Peczenik Aleksander
Publication year - 2000
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/1467-9337.00158
Subject(s) - defeasible reasoning , defeasible estate , argument (complex analysis) , computer science , epistemology , law , field (mathematics) , deductive reasoning , practical reason , philosophy , political science , mathematics , chemistry , biochemistry , pure mathematics
This paper gives a logical characterization of the interrelation between law and morals. To this purpose it first outlines a logic for defeasible reasoning with rules and principles and illustrates the operation of this logic in the field of law. Then it offers a brief argument why law and morals are interrelated. This paper ends by showing how the logic for defeasible reasoning provides tools to logically characterize some aspects of the interrelation between law and morals.