Аргументация в праве и морали. Коллективная монография.
The book presents the results of the study of the problem of correctness of justification and effectiveness of beliefs in the legal and moral arguments relating to the field of practical reasoning about actions. The problem of justification and belief in law and morality affects the modeling, evaluation, substantive content and linguistic-speech design of processes and procedures of argumentation specific to law and morality and reflect the current state of research in the field of analysis of argumentation and rational behavior. The set of solutions to this problem covers four aspects: substantive, procedural-legal, procedural and cognitive, and consists in the construction of integrative models of argumentation, summarizing the results of the theory of argumentation, law, ethics, logical and pragmatic theories, artificial intelligence and cognitive science. The proposed solutions to the problem of justification and belief in law and morality are designed to demonstrate how rational agents – participants in legal disputes and moral discussions carry out argumentation in practice, what are the criteria for its evaluation, what is the heuristic and practical value of formal methods of its modeling, what role cognitive science and artificial intelligence play in it. The research results will find application in the development of social e-services (e-democracy, e-justice, etc.), social Informatics will contribute to increasing the availability of legal services, the development of civil society, especially the social responsibility of people and institutions, the consolidation of traditional East European societies moral values, can be used for scientific research and education.
The book discusses the logical foundations, formal models, cognitive mechanisms, pragmatic aspects, as well as the history of the formation of practical arguments in the field of law and morality, presents an analysis of real cases, including resonance (Breivik case, Markin case).
The monograph is addressed to philosophers, lawyers, practicing lawyers, specialists in the field of artificial intelligence, management and management, as well as a wide range of interested readers who want to get acquainted with the features of the structure of reasoning and evaluation of arguments in the field of law and morality, the behavior of rational agents in the conditions of norms, the history of the formation of rules and the tradition of moral and legal reasoning. No special knowledge is required to read the book.