Conditionals and Legal Reasoning. Elements of a Logic of Law

Shahid Rahman (1) , Bernadette Dango (2)

1 STL - Savoirs, Textes, Langage (STL) - UMR 8163
2 Université de Bouaké

The main aim of this paper is to study the notion of conditional right by means of constructive type theory (CTT) which provides the means to develop a system of contentual inferences rather than of syntactic derivations. Moreover, in line with Armgardt, we will first study the general notion of dependence as triggered by hypotheticals and then the logical structure of dependence specific to conditional right. I will develop this idea in a dialogical framework where the distinction between play-object and strategy-object leads to the further distinction between two basic kinds of pieces of evidence and where meanings is constituted by the interaction of obligations and entitlements. The present paper is based on Rahman (2015). However, though the underlying CTT-analysis is the same, the dialogical reconstruction makes use of a new way of linking dialogical logic and CTT. Introduction:

Mots clés: Law -- Philosophy; Legal reasoning; Civil law; Roman Law; Logic and Formal Languages Mathematical Logic; Philosophy of law; Philosophy of logic; Leibniz W G; History of philosophy; Constructivisme

Domaines: Philosophie; Histoire, Philosophie et Sociologie des sciences

Shahid Rahman, Bernadette Dango. Conditionals and Legal Reasoning. Elements of a Logic of Law. 2017. ⟨halshs-01651550⟩