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Formal Models of Legal Reasoning

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  1. Joseph S. Fulda (2000). The Logic of “Improper Cross”. Artificial Intelligence and Law 8 (4):337-341.
    Readers choosing to download the article--one must use the "other links" tab--should please be so kind as to respect the author's wishes and also see the Erratum et Corrigendum which is locally available by simply clicking on the article title. -/- Cross-examination of witnesses is not an opportunity to explore the beliefs of those on the stand on even relevant matters. Rather, it is an opportunity to impeach evidence given by the witness during direct examination. That is possible in two (...)
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  2. Joseph S. Fulda (1999). Can One Really Reason About Laws? Computers and Society 29 (2):31.
    This is a review article of Tokuyasu Kakuta, Makoto Haraguchi, and Yoshiaki Okubo, “A Goal-Dependent Abstraction for Legal Reasoning by Analogy,” /Artificial Intelligence and Law/ 5(March 1997): 97-118.
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  3. F. Macagno (2010). Dialectical and Heuristic Arguments: Presumptions and Burden of Proof. In C. Tindale & C. Reed (eds.), Dialectics, Dialogue and Argumentation: An Examination of Douglas Walton's Theories of Reasoning and Argument. College Publications.
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  4. Anthony R. Reeves (2010). Do Judges Have an Obligation to Enforce the Law?: Moral Responsibility and Judicial-Reasoning. Law and Philosophy 29 (2).
    Judicial obligation to enforce the law is typically regarded as both unproblematic and important: unproblematic because there is little reason to doubt that judges have a general, if prima facie, obligation to enforce law, and important because the obligation gives judges significant reason to limit their concern in adjudication to applying the law. I challenge both of these assumptions and argue that norms of political legitimacy, which may be extra-legal, are irretrievably at the basis of responsible judicial reasoning.
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  5. Nicole A. Vincent (2010). On the Relevance of Neuroscience to Criminal Responsibility. Criminal Law and Philosophy 4 (1):77-98.
    Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks – at least one for each responsibility concept – (...)
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