By Alberto Artosi, Bernardo Pieri, Giovanni Sartor

ISBN-10: 9400751915

ISBN-13: 9789400751910

ISBN-10: 9400751923

ISBN-13: 9789400751927

This quantity offers Leibnizian writings, the Specimen of Philosophical Questions amassed from the Law and the Dissertation on confusing situations. These works, originally released in 1664 and 1666, represent, respectively, Leibniz’s thesis for the identify of grasp of Philosophy and his doctoral dissertation in legislations. in addition to offering facts of the earliest improvement of Leibniz’s idea and striking anticipations of his mature perspectives, they current a real highbrow curiosity, for the freshness and originality of Leibniz’s reflections on a amazing number of logico-philosophical puzzles drawn from the legislation. The Specimen addresses complicated matters caused by obvious conflicts among legislation and philosophy (the latter extensively understood as comprising additionally arithmetic, in addition to empirical sciences). The Dissertation addresses situations whose answer is confusing due to the convoluted logical type of felony inclinations and contractual clauses, or due to conflicting priorities among concurring events. In each one case, Leibniz dissects the issues with the best ingenuity, disentangling their diversified elements, and providing options continuously average and occasionally unbelievable. And he doesn't chorus from peppering his highbrow acrobatics with a few funny comments.

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Extra resources for Leibniz: Logico-Philosophical Puzzles in the Law: Philosophical Questions and Perplexing Cases in the Law

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Introduction xxxiii (Nullum justum est injustum) and “Everything obligatory is possible” (Omne debitum possibile est). The third line of inquiry consists in the attempt to combine the legal modalities with judgments of probability. , more likely) for an act to be just than unjust (Actus facilius est justus quam injustus), with the corollary that an act must always be presumed to be just (Actus praesumitur justus). Finally, the fourth line of inquiry provides a system for combining legal and alethic modalities with the definition of the good man.

To advance propositions whose acceptance would lead R to contradict T. On the contrary, in legal disputes no such a tacit agreement has occurred between the parties. Moreover, the judge cannot abstain from a verdict without causing prejudice to one party. For this reason, a flexible rule is needed, which takes into account the probative position of the parties: he who makes a claim should prove it, if he can; otherwise, the burden should be shifted to the other party, if the latter can more easily prove the contrary.

Now it is asked whether a new species is really created when jurists speak of specification (} 25 Inst. De rerum divisione, l. 7 } 7 and following, D. De acquirendo rerum dominio16). 15 16 D. 54. Inst. 25; D. 7. Question VI 15 3.

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Leibniz: Logico-Philosophical Puzzles in the Law: Philosophical Questions and Perplexing Cases in the Law by Alberto Artosi, Bernardo Pieri, Giovanni Sartor


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