Hukukta Haklılık
Yazarlar:
Muhittin ORAL
Yayın Yılı:
2019
Yayıncı:
Law in Positive and Social Sciences
Dil:
İngilizce
Disipline:
Hukuk
Konu:
Philosophy of Law
Özet:
The very foundation of Law is reasoning. Without legitimate and logically sound reasoning, Law ceases to exist. Therefore, it is most appropriate and useful to elaborate Law with respect to well established four types of reasoning; namely, Abductive, Deductive, Inductive, and Analogical. This paper elaborates how these four types of reasoning are instrumental in The Theory and Practice of Law. Abductive is to postulate which Law to be enforced; deductive is to logically defend the Law to be enforced; Inductive is to illustrate how an enforced Law has been historically imposed; and lastly why analogical view in Law is needed and how it is to be regulated and administered both in theory and in practice.
Anahtar Kelime (AI):
Kanun
Tümevarım
Tümdengelim
Analoji
Reasoning In Law
Yazarlar:
Muhittin ORAL
Yayın Yılı:
2019
Yayıncı:
Law in Positive and Social Sciences
Dil:
English
Disiplin:
Philosophy of Law
Konu:
Philosophy of Law
Özet:
:
The very foundation of Law is reasoning. Without legitimate and logically sound reasoning, Law ceases to exist. Therefore, it is most appropriate and useful to elaborate Law with respect to well established four types of reasoning; namely, Abductive, Deductive, Inductive, and Analogical. This paper elaborates how these four types of reasoning are instrumental in The Theory and Practice of Law. Abductive is to postulate which Law to be enforced; deductive is to logically defend the Law to be enforced; Inductive is to illustrate how an enforced Law has been historically imposed; and lastly why analogical view in Law is needed and how it is to be regulated and administered both in theory and in practice.
Anahtar Kelimeler:
(AI):
Law
Abduction
Deduction
Induction
Analogy