Reasoning with Form & Content

Abstract : In this paper, we propose a logical frame allowing us to display the argumentative features behind legal decisions. This undertaking is motivated by Hans Kelsen's solution to a well-known puzzle in legal philosophy, called Jørgensen's dilemma. In the first part of the text, we deliver a detailed presentation of the problem , as well as two of the many attempts to a solution. Then we present what we consider to be the final solution, given by the legal philosopher Hans Kelsen. Based on this approach, the second part presents our attempts to provide, by means of a di-alogical frame, an original application of the Kelsenian solution in the field of legal justification. This logical frame not only perfectly displays Kelsen's approach but it also allows to express, debate and justify the legal reasoning without transgressing the limits between the legal field of normative creation and the scientific field of normative justification.
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https://hal.archives-ouvertes.fr/hal-01136329
Contributor : Sébastien Magnier <>
Submitted on : Friday, March 27, 2015 - 12:30:25 AM
Last modification on : Tuesday, July 3, 2018 - 11:32:03 AM

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  • HAL Id : hal-01136329, version 1

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Juliele Sievers, Sébastien Magnier. Reasoning with Form & Content. Past and Present Interactions in Legal Reasoning and Logic, 2015, ISBN 978-3-319-16020-7. ⟨hal-01136329⟩

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