Legal Reasoning – Common Law, Civil Law, and Beyond
2nd Edition of the 'Harvard-Hamburg Conferences on New Approaches to Legal Reasoning'
Central to legal systems is reasoning about the law, especially in the process by which judges reach decisions in cases. Judges are institutional actors and legal reasoning occurs in an institutional setting. Is there a special style of reasoning in different legal systems? Do common law judges and their counterparts in civilian systems do something different when they offer reasons for their decisions? What is it about the sources of law and the structure or style in different systems that facilitates or impedes certain kinds of legal reasoning? Do codes and restatements promote the right combination of flexibility and stability in the law? What role do (or should) legal rules play?
Among the contexts in which legal reasoning takes place is the system of law itself. What is the nature of system in law – open or closed, single level or with meta-levels? Does a closer look at legal reasoning suggest the need for new legal ontologies? Do these considerations bring common law and civil law approaches closer together or further apart?
This conference will bring together scholars from multiple disciplines and legal cultures to address the nature of reasoning across legal systems and the nature of system in the law. Emphasis will be placed on bringing new tools – new logics, new models, new disciplinary perspectives – to bear on the role and style of legal reasoning across jurisdictions.
|Date:||June 17-19, 2024|
|Location:||Monday, June 17:||Warburg Haus, Heilwigstraße 116, 20249 Hamburg|
|Tuesday, June 18:||AS-Saal, Edmund-Siemers Allee 1, 20146 Hamburg|
|Wednesday, June 19:||Warburg Haus, Heilwigstraße 116, 20249 Hamburg|