Comparing alternatives in the law
Artificial Intelligence and Law 12 (3):181-225 (2004)
| Abstract | This paper argues the thesis that a particular style of reasoning, qualitative comparative reasoning (QCR), plays a role in at least three areas of legal reasoning that are central in AI and law research, namely legal theory construction, case-based reasoning in the form of case comparison, and legal proof. The paper gives an informal exposition of one particular way to deal with QCR, based on the author’s previous work on reason-based logic (RBL). Then it contains a substantially adapted formalisation of RBL, to make RBL suitable for dealing with QCR. The paper concludes with a brief discussion of related work. | |||||||||
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Ronald P. Loui (2001). Jaap Hage, Reasoning with Rules: An Essay on Legal Reasoning and its Underlying Logic. Law and Philosophy Library. Artificial Intelligence and Law 8 (4).
John Zeleznikow, George Vossos & Daniel Hunter (1993). The IKBALS Project: Multi-Modal Reasoning in Legal Knowledge Based Systems. Artificial Intelligence and Law 2 (3):169-203.
Neil MacCormick (2005). Rhetoric and the Rule of Law: A Theory of Legal Reasoning. Oxford University Press.
Jaap C. Hage, Ronald Leenes & Arno R. Lodder (1993). Hard Cases: A Procedural Approach. Artificial Intelligence and Law 2 (2):113-167.
Henry Prakken (2010). Using Argument Schemes for Hypothetical Reasoning in Law. Artificial Intelligence and Law 18 (2):153-174.
F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
Carole D. Hafner & Donald H. Berman (2002). The Role of Context in Case-Based Legal Reasoning: Teleological, Temporal, and Procedural. Artificial Intelligence and Law 10 (1-3).
Jaap Hage (1996). A Theory of Legal Reasoning and a Logic to Match. Artificial Intelligence and Law 4 (3-4):199-273.
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