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  1. Aulis Aarnio (1987). On Legal Reasoning as Practical Reasoning. Theoria 3 (1):97-107.
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  2. Aulis Aarnio (1977). On Legal Reasoning. Turun Yliopisto.
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  3. Aulis Aarnio & Neil MacCormick (eds.) (1958/1992). Legal Reasoning. New York University Press, Reference Collection.
    This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
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  4. Matthew D. Adler, Social Facts, Constitutional Interpretation, and the Rule of Recognition.
    This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...)
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  5. Matthew D. Adler (2009). On (Moral) Philosophy and American Legal Scholarship. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press 114.
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  6. Larry Alexander (2012). Legal Objectivity and the Illusion of Legal Principles. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press
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  7. Larry Alexander (2005). Lesser Evils: A Closer Look at the Paradigmatic Justification. [REVIEW] Law and Philosophy 24 (6):611-643.
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  8. Larry Alexander (2001). The Rule of Rules: Morality, Rules, and the Dilemmas of Law. Duke University Press.
    In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.
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  9. Larry Alexander (1996). Affirmative Duties and the Limits of Self-Sacrifice. Law and Philosophy 15 (1):65 - 74.
    American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to (...)
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  10. Larry Alexander (1993). Inculpatory and Exculpatory Mistakes and the Fact/Law Distinction: An Essay in Memory of Myke Balyes. [REVIEW] Law and Philosophy 12 (1):33 - 70.
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  11. Larry Alexander (1993). Practical Reason and Statutory Interpretation. Law and Philosophy 12 (3):319 - 328.
    I examine the "practical reason" approach to statutory interpretation, according to which the interpreter should look not only to text, legislative history, and other indicia of legislative intent, but also to post-enactment history and current values. I argue that if "practical reason" represents an epistemology of statutory interpretation, its proponents owe us an account of statutory ontology, without which their claims cannot be evaluated. On the other hand, if the practical reason approach claims to be itself an account of statutory (...)
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  12. Robert Alexy (1992). Rights, Legal Reasoning and Rational Discourse. Ratio Juris 5 (2):143-152.
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  13. Robert Alexy, Ruth M. Adler & Neil Maccormick (1989). A Theory of Legal Argumentation the Theory of Rational Discourse as Theory of Legal Justification. Monograph Collection (Matt - Pseudo).
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  14. Amalia Amaya (2007). Formal Models of Coherence and Legal Epistemology. Artificial Intelligence and Law 15 (4):429-447.
    This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal decision-making.
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  15. Bruce Anderson (1997). Current Views on Legal Reasoning: The Problem of Communication. Method 15 (2):151-168.
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  16. Manuel Atienza & Juan Ruiz Manero (2012). Rules, Principles, and Defeasibility. In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press
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  17. Fernando Atria Lemaître (2001). On Law and Legal Reasoning. Hart Pub..
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  18. F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
    This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...)
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  19. L. K. B. (1962). Logik Und Axiologie der Analogen Rechtsanwendung. Review of Metaphysics 15 (3):525-526.
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  20. Mauro Barberis (2006). Pluralismo Argomentativo. Sull’Argomentazione Dell’Interpretazione. Etica E Politica 8 (1):1-21.
    The name of the theory of legal argumentation this paper subscribes could be argumentative pluralism - an application of value pluralism to legal argumentation. Legal reasons and arguments, as well as ethical values, are plural and conflicting - their conflicts too cannot be resolved by any general lexical order. The first section of the paper provides a definition of legal argumentation and some theses on its structure and methodology; the second one analyses ten legal arguments; the third one provides three (...)
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  21. J. Barragan (1993). The Theory of Argument and the Refinement Process in Legal Expert Systems. Rechtstheorie 24 (3):317-328.
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  22. Brian Barry (1994). In Defense of Political Liberalism. Ratio Juris 7 (3):325-330.
  23. Lawrence C. Becker (1973). Analogy in Legal Reasoning. Ethics 83 (3):248-255.
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  24. Shahina Begum, Mobyen Uddin Ahmed, Peter Funk & Ning Xiong (forthcoming). An Overview on Recent Medical Case-Based Reasoning Systems. The Swedish Ai Society Workshop May 27-28, 2009 Ida, Linköping University.
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  25. J. Belin-Milleron (1971). Aspects modernes du raisonnement jurisprudentiel. Logique Et Analyse 14 (53):3.
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  26. G. Bellussi (1971). La justification en droit. Logique Et Analyse 14 (53):229.
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  27. T. J. M. Bench-Capon (2002). The Missing Link Revisited: The Role of Teleology in Representing Legal Argument. [REVIEW] Artificial Intelligence and Law 10 (1-3):79-94.
    In this paper I recapitulate the ideas of Berman and Hafner (1993) regarding the role of teleology in legal argument. I show how these ideas can be used to address some issues arising from more recent work on legal argument, and how this relates to ideas associated with the New Rhetoric of Perelman. I illustrate the points with a discussion of the classic problem of which vehicles should be allowed in parks.
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  28. Trevor Bench-Capon, Michał Araszkiewicz, Kevin Ashley, Katie Atkinson, Floris Bex, Filipe Borges, Daniele Bourcier, Paul Bourgine, Jack G. Conrad, Enrico Francesconi, Thomas F. Gordon, Guido Governatori, Jochen L. Leidner, David D. Lewis, Ronald P. Loui, L. Thorne McCarty, Henry Prakken, Frank Schilder, Erich Schweighofer, Paul Thompson, Alex Tyrrell, Bart Verheij, Douglas N. Walton & Adam Z. Wyner (2012). A History of AI and Law in 50 Papers: 25 Years of the International Conference on AI and Law. [REVIEW] Artificial Intelligence and Law 20 (3):215-319.
    We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...)
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  29. Carolyn Benson & Julian Fink (2012). Legal Oughts, Normative Transmission, and the Nazi Use of Analogy. Jurisprudence 3 (2):445-463.
    In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...)
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  30. F. R. Berger (1971). Some Aspects of Legal Reasoning concerning Constitutionally Protected Rights. Logique Et Analyse 14 (53):7.
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  31. Stefano Bertea (2004). Certainty, Reasonableness and Argumentation in Law. Argumentation 18 (4):465-478.
    This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialec-tical notion of rationality this alternative account espouses an ambitious (...)
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  32. Floris Bex & Bart Verheij (2013). Legal Stories and the Process of Proof. Artificial Intelligence and Law 21 (3):253-278.
    In this paper, we continue our research on a hybrid narrative-argumentative approach to evidential reasoning in the law by showing the interaction between factual reasoning (providing a proof for ‘what happened’ in a case) and legal reasoning (making a decision based on the proof). First we extend the hybrid theory by making the connection with reasoning towards legal consequences. We then emphasise the role of legal stories (as opposed to the factual stories of the hybrid theory). Legal stories provide a (...)
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  33. Jerome Bickenbach (1986). Martin Golding, Legal Reasoning. [REVIEW] Philosophy in Review 6:62-64.
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  34. Jerome E. Bickenbach (1986). Martin Golding, Legal Reasoning Reviewed By. Philosophy in Review 6 (2):62-64.
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  35. Brian Bix (2004). A Dictionary of Legal Theory. Oxford University Press.
    Modern legal theory contains a wide range of approaches and topics: from economic analysis of law to feminist legal theory to traditional analytical legal philosophy to a range of theories about justice. This healthy variety of jurisprudential work has created a problem: students and theorists working in one tradition may have difficulty understanding the concepts and terminology of a different tradition. This book works to make terminology and ways of thinking accessible. This dictionary covers topics from 'the autonomy of law' (...)
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  36. Brian Bix (ed.) (1998). Analyzing Law: New Essays in Legal Theory. Oxford University Press.
    Analyzing Law offers an important selection of the most influential and challenging work now being done in legal theory. A central focus of the essays in this work is the contribution of the well-known philosopher Jules Coleman to the various topics which are covered by the contributors.
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  37. Brian H. Bix (2012). Defeasibility and Open Texture. In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press
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  38. W. T. Blackstone (1971). Criteria of Adequacy for Judicial Reasoning. Logique Et Analyse 14 (53):233.
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  39. Hjm Boukema (1997). Facts of Legal Reasoning. Rivista Internazionale di Filosofia Del Diritto 74 (1):3-14.
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  40. Scott Brewer (ed.) (1998). Evolution and Revolution in Theories of Legal Reasoning: Nineteenth Century Through the Present. Garland Pub..
    This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.Explores enduring questionsFocusing ...
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  41. Scott Brewer (ed.) (1998). Moral Theory and Legal Reasoning. Garland Pub..
    The articles in this volume consider at what stage of legal reasoning should a judge or lawyer make specifically moral judgments.
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  42. Scott Brewer (1997). Valuing Reasons: Analogy and Epistemic Deference in Legal Argument. Dissertation, Harvard University
    This thesis addresses two enduring issues in legal theory-- rationality and its association with rule of law values--by offering detailed models of two patterns of legal reasoning. One is reasoning by analogy. The other is the inference process that legal reasoners use when they defer epistemically to scientific experts in the course of reaching legal decisions. Discussions in both chapters reveal that the inference pattern known as "abduction" is a deeply important element of many legal inferences, including analogy and epistemic (...)
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  43. Bartosz Brożek (2014). Law and Defeasibility. A Few Comments on The Logic of Legal Requirements. Revus 23:165-170.
    The Logic of Legal Requirements. Essays on Defeasibility, edited by Jordi Ferrer Beltrán and Giovanni Battista Ratti, and published by Oxford University Press in 2012, is a very much welcome contribution to one of the most discussed topics in the contemporary legal theory and philosophy. Defeasibility is connected to many essential issues such as the nature of legal reasoning, the structure of legal norms and legal system, the concept of legal validity, as well as the mechanisms and limits of..
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  44. Bartosz Brożek (2011). Games, Trees and Deontic Logic. In Jerzy Stelmach & Wojciech Załuski (eds.), Game Theory and the Law. Copernicus Center Press
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  45. Bartosz Brożek (2004). Defeasibility of Legal Reasoning. Kantor Wydawniczy "Zakamycze".
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  46. Eugenio Bulygin, Jean Louis Gardies & Ilkka Nilniluoto (eds.) (1985). MAN, LAW AND MODERN FORMS OF LIFE, Vol. 1 Law and Philosophy Library, Pp. 251-261. D. Reidel.
    In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of this short-sighted (...)
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  47. Steven J. Burton (1985). An Introduction to Law and Legal Reasoning. Monograph Collection (Matt - Pseudo).
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  48. Brian E. Butler (2003). Aesthetics and American Law. Legal Studies Forum (1):203-220.
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  49. Ricardo Caracciolo (2012). Acts, Normative Formulations, and Defeasible Norms. In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press
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  50. Gerard Casey (2010). Where Does Law Come From? Philosophical Inquiry 32 (3-4):85-92.
    Law, like language, is the product of social evolution, embodied in custom. The conditions for the emergence of law—embodiment, scarcity, rationality, relatedness and plurality—are outlined, and the context for the emergence of law—dispute resolution—is analysed. Adjudication procedures, rules and enforcementmechanisms, the elements of law, emerge from this context. The characteristics of such a customarily evolved law are its severely limited scope, its negativity, andits horizontality. It is suggested that a legal system (or legal systems) based on the principles of archaic (...)
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