To some extent,The interaction between law and bet365 code is almost as old as the history of Western civilization。As American jurist Lovinger said,bet365 code has always been considered by philosophers to be the special property and main foundation of law,At least since the time of Aristotle。
The origin of bet365 code is related to litigation
In the time of Aristotle,The popularity of eloquence for making a living by teaching people how to litigate and make speeches,And distinguish it from the "sophism" of the wise men whom Aristotle called "sophists",It was Aristotle’s motivation for creating bet365 code。
Protagoras is known as the first wise man in ancient Greece,When he recruits students, he will sign a contract with them: students pay half of the tuition fee first,Pay the other half after you win the first lawsuit after graduation。But his student Eutyles has been reluctant to litigate for others after completing his studies,He then took Ou to court,Propose the following argument: If I win the lawsuit,Then follow the court ruling,Euclidean should pay the other half of my tuition;If I lose the lawsuit,This means that Ou won his first lawsuit after graduation,Then according to the prior contract,Euclidean should also pay my other half of tuition。However,As a Platts student,Ou Shi responded calmly,And presented the opposite argument: If I win the case,Then follow the court ruling,The other half of the tuition should not be paid;If I lose the lawsuit,Then according to the prior contract,The other half of the tuition should not be paid。To this point,Judge’s Dilemma: Logically,If the court supports one party’s claim,You must support the other party’s demands;However, their demands are conflicting,Not possible to be supported simultaneously。Therefore,"Half-cost litigation" is also called the "court paradox",Also known as "Protagoras Paradox"。In Aristotle’s opinion,This argumentative technique used by wise men is sophistry。For this,He proposed the syllogism analysis method,In order to draw a line from these so-called "sophistry"。
After Aristotle,Europe entered the era of the Roman Empire,But Aristotle’s syllogism is still highly respected。Roman legal thought is still the spiritual core of Western law,The influence of legal syllogism is even more worldwide。Of course,In the Middle Ages,Except the bet365 code of Aristotle’s syllogism,Stoic propositional bet365 code also played an important role in Roman law,Some even believe that the origins of the basic principles of Roman law can be traced back to Stoic thought。In fact,The bet365 code behind the Platts v. Euclid case is precisely Stoic propositional bet365 code,Not Aristotelian syllogistic bet365 code。
Law and bet365 code are "close friends"
1588,The British poet France said in his collection of poems "The bet365 code of Lawyers": "I have no reason to think that law and bet365 code should not be the closest、Closest friend,Therefore,Better to think of them as... I look for bet365 code in our laws,And I think I've found it。”From the description of the poem,We have reason to believe,The relationship between law and bet365 code was quite close at that time。
In the interactive process of law and bet365 code,Leibniz was a key figure,His 1666 doctoral thesis "On Ambiguous Legal Situations" had a profound influence on later generations。Lei’s opinion,There are too many conceptual ambiguities in the existing legal system,But as long as a general mathematical language is found,The correctness of all arguments can be attributed to some calculation,In addition to factual fallacy, it can only be a calculation error,The confusion in thinking can be easily solved。His idea was later called "Leibniz's Dream",Also known as “The Dream of an Axiomatic Legal System”。For this,He put forward two basic assumptions: First,All thoughts are composed of a very small number of simple thoughts,And these simple ideas form the alphabetical system of human thought;Part 2,Complex ideas all start from simple ideas through unified symmetrical combination,Composition is very similar to arithmetic operations。Although the presupposition of "Lei's Second Postulate" is too strong,Thus challenged,But Lei's legal axiomatic system still has many adherents。German legal philosopher Pushta is one of them,He believes that law is an organic system constructed according to the rules of formal bet365 code;Judgment is the result of calculating legal concepts as mathematical factors;The more certain the numerical value, the more reliable the calculation conclusion will be;Only a true legal system that comprehensively grasps legal concepts can be created。
The publication of Frege's "Conceptual Text" in 1879 is a sign of the maturity of modern formal bet365 code,Initiated the mathematical turn in bet365 code。Formal bet365 code is after excluding all pragmatic elements,Only from the perspective of formal semantics and formal syntax,bet365 code for reasoning, argumentation, analysis and evaluation。Asiatic syllogistic bet365 code and Stoic propositional bet365 code both belong to traditional formal bet365 code,And Freund is the founder of modern formal bet365 code。After the publication of the book "Conceptual Text",Although it did not immediately bring a huge shock to the academic world,But American realist jurists have obviously noticed the potential influence of bet365 code on law。Holmes warned people in 1881,“The life of law is never bet365 code but experience”。According to Fox’s interpretation in the article “Law and bet365 code” in 1990,Huo does not think that bet365 code is unimportant in law,But emphasize not to over exaggerate the role of bet365 code in law,Or mistakenly believe that bet365 code is the only driving force for legal development。In fact,The article "The Road to Law" published by Holmes in 1897,Just confirms the appropriateness of Fox’s interpretation。The article says,“The training of legal professionals is logical training,The language of judicial decisions is mainly the language of bet365 code”。From this point of view,Holmes attaches great importance to the interaction between law and bet365 code,Never deny the importance of bet365 code to jurisprudence。
The ups and downs of the concept of "legal bet365 code"
In the English-speaking world,“Legal bet365 code” is a very controversial term。The first person to use the term "legal bet365 code" may be Kuhn。1916,What he said in "Reason and Essence",Von Yelling and Holmes definitely did not deny the importance of "legal bet365 code" when emphasizing other factors。Frank, a representative figure of legal realism, published "Law and the Modern Spirit" in 1930,Proposed the assertion that “legal certainty is a fundamental myth”。For this work,In 1931, the Columbia Law Review invited Llewellyn, a representative of legal realism、Philosopher Adler and legal logician Cook wrote three book reviews of "The Illusion of Law", "Legal Certainty" and "Legal bet365 code" respectively。Obviously,Three scholars have differences。You can tell just from the title,Llewellyn believes that legal certainty is invisible、Cannot touch,It is an illusion,The implication is that bet365 code has almost no role in law;And Adler and Cook obviously agree that legal certainty exists,Especially Cook,He explicitly uses the term "legal bet365 code",And believes that Frank does not deny the usefulness of formal bet365 code in law。
After the turn to bet365 code and mathematics,Especially after entering the 20th century,Modern formal bet365 code occupies a dominant position in bet365 code,Some people even equate the terms "modern bet365 code", "modern formal bet365 code", "formal bet365 code" and "bet365 code"。So,There is a debate in the legal and bet365 code circles about whether there is "legal bet365 code",The debate between Dutch scholars Haach and Schuitmann is one of the representatives。Has believes there is legal bet365 code,But Shu thinks not。Shu’s opinion,There is not just one kind of bet365 code but many different types of bet365 code,such as classical bet365 code and intuitionistic bet365 code、Propositional bet365 code and predicate bet365 code、Distinguish between monotonic bet365 code and non-monotonic bet365 code,But there is no "legal bet365 code" at all,Just like there is no "strawberry bet365 code"。The reason why Schuitmann opposes the existence of legal bet365 code,Because his bet365 code is obviously very simple,That is "bet365 code is formal bet365 code",There is no such thing as "substantive bet365 code" or "informal bet365 code"。
On the interaction between law and bet365 code,Perelman is also a key figure who must be mentioned。2012,His disciples held a commemoration party for the 100th anniversary of his birth,The main title of the published collection of papers is "Perelman",The subtitle is two keywords: one is "New Rhetoric";The second is "legal bet365 code"。Pei is a supporter of the ontology of legal bet365 code。However,Different from Harbin’s view of legal bet365 code,He believes that legal bet365 code is essentially a formless bet365 code,Treat legal bet365 code as the opposite of formal bet365 code,The legal bet365 code is based on anti-formal bet365 code,Hash's legal bet365 code is the expansion and extension of formal bet365 code in law。Actually as early as 1968,Pei Shi has already made the core issues of the "Shu-Ha dispute" relatively clear。His article "What is Legal bet365 code",Elucidates why Engis avoided using the term "legal bet365 code" and instead used "legal reasoning" when dealing with the interaction between law and bet365 code。Engis believes that legal bet365 code should be a substantive bet365 code that can arouse people's awakening,At that time, the prevailing bet365 code concept was "bet365 code is formal bet365 code"。Because of this,Most jurists do not use "legal bet365 code" but use "legal reasoning", "legal argumentation" and even "legal thinking" to discuss the results of the interaction between law and bet365 code。
The most valuable thing is,When the term "legal bet365 code" is ostracized in the English-speaking world,Our country’s legal logicians still firmly support this term。A strong evidence is,In 1983, my country established the first-level Chinese Legal bet365 code Research Association,During the major reorganization of the national society in 1993, the society was incorporated into the Chinese bet365 code Society and became the Legal bet365 code Professional Committee。Not only that,In my country’s current effective subject classification standards,Legal bet365 code is still a standard third-level subject under the first-level discipline theory of law。After entering the 21st century,There are signs of revival in the use of the term "legal bet365 code" in the English-speaking world,This shows that the persistence of our country’s legal logicians may be right。
Legal bet365 code promotes the rise of legal technology
Legal technology belongs to law、Interdisciplinary research fields of science and technology,Focus on how to make full use of artificial intelligence、Modern science and technology such as cloud computing and big data can improve the quality and effectiveness of the rule of law。my country’s smart court、Smart Public Security、Projects such as smart prosecution belong to the category of legal technology。Overview of the history of legal bet365 code,Research on legal bet365 code needs to be oriented towards "dual brains": one is the human brain,Focus on how lawyers should conduct legal reasoning and argumentation,For example, the work of the wise men mentioned earlier;The second is the computer,Focus on how to use machines to achieve automatic legal reasoning。
The rise of legal science and technology is directly related to the interaction between law and bet365 code。If Leibniz is a pioneer of legal technology because of his dream of an axiomatic system of law,Then legal logicians Lovinger and Allen should be the pioneers in this field。As early as 1949,Lovinger proposed the concept of "legal metrology",Trying to use quantitative methods to combine the flexibility of the humanities and social sciences with the rigidity of the natural sciences,To resolve legal issues,The goal is to "open a few windows in the house of law,People inside can see out,Open a few more doors,People from outside can come in"。Back in the 1950s,The American Bar Association established a technology law branch,Committed to exploring the integration of law and technology。Later under Allen’s promotion,In 1959, the branch also founded the journal "Modern Application of bet365 code in Law",Edited by Allen,Renamed "Legal Metrology: Law" in 1966、Science and Technology Magazine" and is still in use today。Legal metrology seems to have become synonymous with legal technology for a time。
In addition,The vigorous development of legal technology is also inseparable from the vigorous promotion of the International Legal Artificial Intelligence Society。The International Legal Artificial Intelligence Society originated from the International Legal Artificial Intelligence Academic Conference held in Boston, USA in 1987。Through this meeting,A group of jurists with common interests、Computer scientists and legal logicians come together,Discussing the integration of law and technology。The conference was later fixed as a biennial international academic conference,The topic discussed has also formed a new subject branch: Legal Informatics。When the Third International Conference on Legal Artificial Intelligence was held at Oxford University in 1991,These like-minded people not only announced the establishment of their own academic community - the International Legal Artificial Intelligence Society,And founded the journal "Legal Artificial Intelligence" (quarterly)。The association’s website lists nine major issues of concern to the community,Such as "Formal Model of Legal Reasoning", "Computational Model of Legal Argument and Judgment", "Computational Model of Evidence Reasoning", "Legal Reasoning in Multi-agent System", etc.,These issues are obviously closely related to the interaction between law and bet365 code。In particular, "Formal Models of Legal Reasoning" was listed as the first of the nine topics,This is enough to show that as the crystallization of the interaction between law and bet365 code - the basic position of legal bet365 code in the cause of legal science and technology。No wonder Toulmin once asserted: "bet365 code is a generalized jurisprudence。”
(The author is a professor at Guanghua Law School of Zhejiang University)
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