David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Artificial Intelligence and Law 6 (1):3-26 (1998)
In the law, it is generally acknowledged that there are intuitive differences between reasoning with rules and reasoning with principles. For instance, a rule seems to lead directly to its conclusion if its condition is satisfied, while a principle seems to lead merely to a reason for its conclusion. However, the implications of these intuitive differences for the logical status of rules and principles remain controversial.A radical opinion has been put forward by Dworkin (1978). The intuitive differences led him to argue for a strict logical distinction between rules and principles. Ever since, there has been a controversy whether the intuitive differences between rules and principles require a strict logical distinction between the two. For instance, Soeteman (1991) disagrees with Dworkin's opinion, and argues that rules and principles cannot be strictly distinguished, and do not have a different logical structure.
|Keywords||No keywords specified (fix it)|
|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
Ralf Poscher (2009). Insights, Errors and Self-Misconceptions of the Theory of Principles. Ratio Juris 22 (4):425-454.
Similar books and articles
Jean-Gabriel Ganascia (2007). Modelling Ethical Rules of Lying with Answer Set Programming. Ethics and Information Technology 9 (1):39-47.
George Cardona (1970). Some Principles of Pānini's Grammargrammar. Journal of Indian Philosophy 1 (1):40-74.
Domènec Melé (2005). Ethical Education in Accounting: Integrating Rules, Values and Virtues. [REVIEW] Journal of Business Ethics 57 (1):97 - 109.
Val D. Hawks, Steven E. Benzley & Ronald E. Terry (2004). Establishing Ethics in an Organization by Using Principles. Science and Engineering Ethics 10 (2):259-267.
Stephen Read (2010). General-Elimination Harmony and the Meaning of the Logical Constants. Journal of Philosophical Logic 39 (5):557-76.
Benjamin Sachs (2011). Going From Principles to Rules in Research Ethics. Bioethics 25 (1):9-20.
Linda M. Sama & Victoria Shoaf (2005). Reconciling Rules and Principles: An Ethics-Based Approach to Corporate Governance. [REVIEW] Journal of Business Ethics 58 (1-3):177 - 185.
Aleksander Peczenik (1996). Jumps and Logic in the Law. Artificial Intelligence and Law 4 (3-4):297-329.
Terri L. Herron & David L. Gilbertson (2004). Ethical Principles Vs. Ethical Rules. Business Ethics Quarterly 14 (3):499-523.
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 downloads6 ( #203,651 of 1,101,125 )
Recent downloads (6 months)1 ( #290,452 of 1,101,125 )
How can I increase my downloads?