1. Harm Kloosterhuis (2008). The Strategic Use of Formal Argumentation in Legal Decisions. Ratio Juris 21 (4):496-506.
    In legal decisions standpoints can be supported by formal and also by substantive interpretative arguments. Formal arguments consist of reasons the weight or force of which is essentially dependent on the authoritativeness that the reasons may also have: In this connection one may think of linguistic and systemic arguments. On the other hand, substantive arguments are not backed up by authority, but consist of a direct invocation of moral, political, economic, or other social considerations. Formal arguments can be analyzed as (...)
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  2. Harm Kloosterhuis (2005). Reconstructing Complex Analogy Argumentation in Judicial Decisions: A Pragma-Dialectical Perspective. Argumentation 19 (4):471-483.
    Empirical research in the field of legal interpretation shows that, in many cases, analogy argumentation is complex rather than simple. Traditional analytical approaches to analogy argumentation do not explore that complexity. In most cases analogy argumentation is reconstructed as a simple form of argumentation that consists of two premises and a conclusion. This article focuses on the question of how to analyze and evaluate complex analogy argumentation. It is shown how the pragma-dialectical approach provides clues for analyzing complex analogy argumentation (...)
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  3. Harm Kloosterhuis (2000). Analogy Argumentation in Law: A Dialectical Perspective. [REVIEW] Artificial Intelligence and Law 8 (2-3):173-187.
    In this paper I investigate the similarities betweenthe dialectical procedure in the pragma-dialecticaltheory and dialectical procedures in AI and Law. I dothis by focusing on one specific type of reasoning inlaw: analogy argumentation. I will argue that analogyargumentation is not only a heuristic forfinding new premises, but also a part of thejustification of legal decisions. The relevantcriteria for the evaluation of analogy argumentationare not to be found at the logical level of inference,but at the procedural level of the discussion. I (...)
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