Dieser Beitrag aus dem Tagungsband des Internationalen Rechtsinformatik Symposiums 2004 steht Ihnen hier zum Download zur Verfügung.
Legal Logic and the lnternal Contradiction of Law
The complexity of legal reasoning with the transformative jump from object-language to meta-language in both the qualification of facts and the interpretation of norms cannot be properly represented by either logic or any other formalism. Deontologically it is theoretically patterned, focussing on the coherence and consequentiality of conclusion; ontologically it is practical a process, dedicated to the will and thereby also to the whys of the decision to take. Theoretical definition by reference to customs and/or rules comes from the past through the tradition of following traditions, but practically defined is the context in which the hermeneutic understanding of what the «tradition of following traditions» may mean in a present casual context takes place.
