David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Artificial Intelligence and Law 4 (3-4):297-329 (1996)
The main stream of legal theory tends to incorporate unwritten principles into the law. Weighing of principles plays a great role in legal argumentation, inter alia in statutory interpretation. A weighing and balancing of principles and other prima facie reasons is a jump. The inference is not conclusive.To deal with defeasibility and weighing, a jurist needs both the belief-revision logic and the nonmonotonic logic. The systems of nonmonotonic logic included in the present volume provide logical tools enabling one to speak precisely about various kinds of rules about rules, dealing with such things as applicability of rules, what is assumed by rules, priority between rules and the burden of proof. Nonmonotonic logic is an example of an extension of the domain of logic. But the more far-reaching the extension is, the greater problems it meets. It seems impossible to make logical reconstruction of the totality of legal argumentation.
|Keywords||coherence defeasibility nonmonotonic logic principles weighing|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Arno R. Lodder (2004). Law, Logic, Rhetoric: A Procedural Model of Legal Argumentation. In. In S. Rahman (ed.), Logic, Epistemology, and the Unity of Science. Dordrecht, Kluwer. 569--588.
Henry Prakken (1996). Two Approaches to the Formalisation of Defeasible Deontic Reasoning. Studia Logica 57 (1):73 - 90.
J. Hage (2000). Rule Consistency. Law and Philosophy 19 (3):369-390.
William S. Cooper (2001). The Evolution of Reason: Logic as a Branch of Biology. Cambridge University Press.
Bart Verheij (2003). Dialectical Argumentation with Argumentation Schemes: An Approach to Legal Logic. [REVIEW] Artificial Intelligence and Law 11 (2-3):167-195.
Joke Meheus* (2006). An Adaptive Logic Based on Jaśkowskiˈs Approach to Paraconsistency. Journal of Philosophical Logic 35 (6):539 - 567.
Dov Gabbay & John Woods (2008). Resource-Origins of Nonmonotonicity. Studia Logica 88 (1):85 - 112.
Robert A. Kowalski & Francesca Toni (1996). Abstract Argumentation. Artificial Intelligence and Law 4 (3-4):275-296.
Jaap Hage (1996). A Theory of Legal Reasoning and a Logic to Match. Artificial Intelligence and Law 4 (3-4):199-273.
Added to index2009-01-28
Total downloads29 ( #61,303 of 1,102,856 )
Recent downloads (6 months)4 ( #84,702 of 1,102,856 )
How can I increase my downloads?