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Hajime Yoshino's Logical Jurisprudence (LJ) is an important concept in legal informatics. Yoshino aims for a logic-based systematization in the legal domain. He focuses on legal reasoning and systematization. Inevitably, embracing law as a whole brings us to Hans Kelsen's Pure Theory of Law. In sum, three issues are important in LJ: logic, Kelsen a...
Contexts in source publication
Context 1
... is concerned with the right vertical stage -jurisprudence -not the left one (which depicts the law in an objective sense). Kelsen's Basic Norm appears on the meta-level (Figure 4). The constitution, laws, statutes and individual decisions form a hierarchy; see [K 1967], part V, especially § 35. ...
Context 2
... speaks about a hierarchical structure of norms: [W]hose highest level is the constitution whose validity is founded on the presupposed Basic Norm, and whose lowest level is made of the individual norms decreeing particular concrete behavior to be obligatory. [K 1991, 258] Yoshino departs from logic and the result of this is the concept of legal sentence (LS); see Figure 4. The latter appears on the vertical stage of jurisprudence, namely, Logical Jurisprudence. ...
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Citations
Hajime Yoshino’s Logical Jurisprudence (LJ) aims for a logic-based systematisation in the legal domain. Legal reasoning and systematisation are its focus. Inevitably, embracing law as a whole brings us to Kelsen’s Pure Theory of Law. We single out elements in PTL and LJ that function as parallels. The separation of law and legal science is also an issue. The notions of legal validity and scientific truth are differentiated. The thesis of the separation of law and legal science says that legal validity is determined by law and not by legal science. Analogically, the truth of scientific statements is determined by legal science and not by law. The question of whether or not a norm exists does not need legal science. Law and legal science are autonomous systems, although they are related. Both have their institutional meanings, which are called, respectively, legal institutional meaning and scientific institutional meaning.
