The Logic of Law

WP3 main objectives are to: 1) Gain a comprehensive overview on the topic of the relation between logic and law; Assess the current state of art on the topic, paying special attention to the developments (or lack of) from Serbia and Western Balkans; 3) Give both basic and advanced knowledge on classic and new logics; 4) Give both basic and advanced knowledge on topics related to logic applied to law, such as nonmonotonic reasoning, and defeasibility of rules, and 5) Offer a systematic method for logical and legal argument analysis.

Target/stakeholders: I) Belgrade Affiliated Staff (Scholars); II) Non-Belgrade Affiliated Scholars; III) Scientific communities (legal theorists, logicians); IV) Jurists in a wide sense; V) General Public.

T.3.1. Preliminary needs assessment: The objective of is to make a brief assessment of the theoretical knowledge of researchers from the University of Belgrade on the topic of logic and law, and, in particular: general overview of propositional, predicate, and modal logic, understanding and representation of legal norms and Hohfeldian legal positions, nonmonotonic reasoning and defeasibility and its relation to balancing. Such assessment is meant as a preliminary step, necessary for adequatelly calibrating further activities within this WP3 to the needs of the University of Belgrade.

T.3.2. Research activities: creation of a reading and research group: The objective is to set up the conditions for the creation of reading and research group, mainly composed by Belgrade young scholars and students (but also potentially open to young scholars and students from other Serbian and non-Serbian universities), within the newly created Centre for Legal Fundamentals (T.2.2). This group could also be the same one for WP3 and WP5, and/or a separate one depending on the interests of the members. Within the first three-six months of the project, expressions of interest and/or direct adherence to the participate in this group will be received by the project’s coordinator. Then, a kick-off meeting in Belgrade will be held to establish the group’s activities, goals, meetings, etc.

T.3.3. Research activities: literature review: The objective is to survey the classical and current state-of-art literature on: 1) law and logic in general; 2) propositional, predicate, and modal logic; 3) legal positions; 4) nonmonotonic reasoning and defeasibility; and 5) other connected topics. Particular attention will be devoted to: I) Serbian and Western Balkan literature, so to assess its current state-of-art literature (or lack of it), its limits, and its developments; and II) the connections between the topic of law and practical rationality, and the topics of the logic of law, and the language of law. This task will be undertaken by Belgrade young scholars, with assistance/supervision of scholars from Lisbon.

T.3.4. Research activities: expert visits and student seminars: The objective is to further the academic transfer of knowledge and its development by both: 1) programming in-site visits from senior scholars from Lisbon to Belgrade; and 2) starting a series of student seminars in Belgrade on the relevant topics. The first will allow Belgrade scholars (especially young ones) and students to gain direct knowledge from senior experts on the topics, as well as potentially establish perdurable academic bonds and receive feedback from senior experts on their individual research and ideas. The second will allow Belgrade young scholars and students to collectively reflect on the transferred knowledge, and to start furthering it by peer discussion, as well as potentially start presenting their own research on those topics to their peers.

T.3.5. Research activities: collaborate research and publications: Given the outcomes of 3.1, 3.2. and 3.3., the objective is formulating some research questions and points to deepen and develop within the topics from this WP3, as well adequate methodology to explore them. Moreover, as the foundational topics of law are in many ways intrinsecally intertwined, many of these questions could well be connected with topics from WP4 and WP5. In this sense, special attention to the delimination of the research object and the scope of potential publications will be given. The research on the logic of law will be carried out through the entire length of the project, also receiving mutual feedback from the research carried out in both WP4 and WP5; Belgrade young scholars and students, supervised by senior Belgrade and Lisbon scholars, will be the main protagonists of this research. It will conduce to – at least – two double-blind peer-reviewed publications; high-profile journals such as Ratio Juris, Jurisprudence, Legal Theory, will be firstly considered (see point 2.2.1, C).1))

T.3.6. Periodical meetings: Every six months, progress meetings on the research progress will take place between the reading and research group and the coordinator of the project. These meetings will allow the coordinator of the project to know the advancement of the activities and research within WP3, so as to calibrate further acitivities (such as type and time of expert visits, frequency of student seminars, possible timetable for publications, etc.). All the research meetings for WP3, WP4 and WP5 will occur at the same time, in order to have a global picture of the advancement of the project and to potentially cross-reference results from the different WPs.

T.3.7. Research visits in Lisbon and Belgrade: At least two periods for visiting researchers shall be dedicated to providing intensively personal knowledge and skills about the logic of law. The target of these research visits will be selected among both early-career and senior researchers from the BGL and ICJP/FDUL, depending on their specific interests and curriculum. The length of each research visit will be decided in a case-by-case basis, ranging from one to three months. The occasion of each research visit will also be decided in a case-by-case basis, taking into consideration, among other criteria, the specific profile and interests of the researcher. There are two planned research periods: a first one for one or two Lisbon researchers in Belgrade is planned for Year 2; and a second one for one or two Belgrade researchers in Lisbon, planned for Year 3. Further research periods, particularly from Belgrade researchers in Lisbon are possible. These research visits should coincide with the International Conference of this WP3 (T.3.10).

T.3.8. Blog posts and short video lessons: The working group will produce both blog posts and short video lessons on different topics about law and logic. The lessons will consist of several theoretical and practical sessions in which propositional and predicate deductive logic will be studied for making and assessing legal reasoning, analogical reasoning, and inference to the best explanation, as well as for understanding and representing legal norms and Hohfeldian legal positions. In addition, defeasible legal reasoning in law will also be addressed, which is fundamental for the understanding of legal balancing (for each session materials will be provided); blog posts will be written by Belgrade scholars, with assistance/supervision of senior scholars of ICJP/FDUL; and short video lessons will be obtained from the research periods, expert visits, students seminars, and/or workshops and conferences of WP3. These blog posts and short video lessons will be uploaded to ALF-WP for dissemination purposes (see point 2.2.1).

T.3.9. Logic of Law Summer School: The Logic of Law Summer School (online and/or presential format) will provide participants with basic introductory skills regarding logic and its relationship with law. This is an intensive course that will last a maximum of one week. It is aimed at a younger and broader audience (researchers, scholars and students in general), but, in particular, will provide a learning platform for Belgrade researchers coming to Lisbon (T.3.8) and for the scientific publications emerging within the ALF framework. It will take place in Year 2.

T.3.10. International Conference: The Logic of Law: This International Conference is directed to researchers, scholars and students (both affiliated or not to Belgrade), but will be also open to jurists in a wide sense and the general public. The conference will take place in Lisbon in Year 3, and will make sure Belgrade scholars are represented between the main speakers. To guarantee the maximum dissemination possible, the conference will also be streaming through ALF-WP and ALF-OSN.