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Jaap Hage [24]Jaap C. Hage [2]
  1.  49
    Jaap C. Hage, Ronald Leenes & Arno R. Lodder (1993). Hard Cases: A Procedural Approach. [REVIEW] Artificial Intelligence and Law 2 (2):113-167.
    Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...)
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  2.  51
    Jaap Hage (1996). A Theory of Legal Reasoning and a Logic to Match. Artificial Intelligence and Law 4 (3-4):199-273.
    This paper describes a model of legal reasoning and a logic for reasoning with rules, principles and goals that is especially suited to this model of legal reasoning. The paper consists of three parts. The first part describes a model of legal reasoning based on a two-layered view of the law. The first layer consists of principles and goals that express fundamental ideas of a legal system. The second layer contains legal rules which in a sense summarise the outcome of (...)
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  3.  4
    Aleksander Peczenik & Jaap Hage (2000). Legal Knowledge About What? Ratio Juris 13 (3):326-345.
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  4.  16
    Jaap Hage (2000). Dialectical Models in Artificial Intelligence and Law. Artificial Intelligence and Law 8 (2-3):137-172.
    Dialogues and dialectics have come to playan important role in the field of ArtificialIntelligence and Law. This paper describes thelegal-theoretical and logical background of this role,and discusses the different services into whichdialogues are put. These services include:characterising logical operators, modelling thedefeasibility of legal reasoning, providing the basisfor legal justification and identifying legal issues,and establishing the law in concrete cases. Specialattention is given to the requirements oflaw-establishing dialogues.
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  5.  5
    Jaap Hage (2004). Law and Coherence. Ratio Juris 17 (1):87-105.
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  6.  7
    Jaap Hage (2005). The Logic of Analogy in the Law. Argumentation 19 (4):401-415.
    This paper deals with two issues in the field of reasoning by analogy in the law. The one issue is whether there exists such a thing as analogous rule application, or whether there is only the ‘normal’ application of a broadened rule. It is argued that if rules, as the entities made by a legislator, are distinguished from generalised solutions for cases, the idea of analogous application of rules makes sense. It is also shown how the so-called ‘reason-based model of (...)
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  7.  68
    Jaap Hage (2003). Law and Defeasibility. Artificial Intelligence and Law 11 (2-3):221-243.
    The paper consists of three parts. In the first part five kinds of defeasibility are distinguished that is ontological, conceptual, epistemic, justification and logical defeasibility. In the second part it is argued that from these, justification defeat is the phenomenon that plays a role in legal reasoning. In the third part, the view is defended that non-monotonic logics are not necessary to model justification defeat, but that they are so to speak the natural way to model this phenomenon.
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  8.  16
    Jaap Hage (2004). Comparing Alternatives in the Law. Artificial Intelligence and Law 12 (3):181-225.
    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 (...)
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  9.  24
    Jaap Hage (2012). Stefano Bertea George Pavlakos (Eds.), New Essays on the Normativity of Law. Netherlands Journal of Legal Philosophy 41 (2):177.
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  10.  32
    Jaap Hage & Aleksander Peczenik (2000). Law, Morals and Defeasibility. Ratio Juris 13 (3):305-325.
  11.  69
    Jaap Hage (2000). Donald NUTE (Ed.), Defeasible Deontic Logic. Artificial Intelligence and Law 8 (1):75-91.
  12.  15
    Bart Verheij, Jaap C. Hage & H. Jaap Van Den Herik (1998). An Integrated View on Rules and Principles. Artificial Intelligence and Law 6 (1):3-26.
    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 (...)
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  13.  9
    Jaap Hage (1993). Book Review. [REVIEW] Artificial Intelligence and Law 2 (4):315-323.
  14.  6
    Jaap Hage (2011). Elusive Normativity. Netherlands Journal of Legal Philosophy 2:146-168.
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  15.  9
    Jaap Hage (1997). Introduction. Papers From the Jurix '95 Conference. Artificial Intelligence and Law 5 (4):243-248.
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  16. Jaap Hage (1999). Dick WP Ruiter. Institutional Legal Facts: Legal Powers and Their Effects. Artificial Intelligence and Law 7 (4):377-385.
     
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  17.  3
    Jaap Hage (2009). Recht als sociaal feit en recht als praktische rede. Netherlands Journal of Legal Philosophy 1:27-36.
    Brouwer argued against a vision of the law in which moral considerations partly determine the contents of the law. He did this for moral reasons, mainly because of the uncertainty such a vision would cause. This seems a strange view because it means that the nature of the law would depend on moral considerations concerning legal certainty. Most of the present paper is devoted to exploring two conceptions of the law, law as social fact and law as practical reason. It (...)
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  18.  7
    Jaap Hage (2003). Preface. Artificial Intelligence and Law 11 (2-3):77-79.
  19.  3
    Jaap Hage (2011). A Model of Juridical Acts: Part 2: The Operation of Juridical Acts. [REVIEW] Artificial Intelligence and Law 19 (1):49-73.
    This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. This second part of the paper deals in some detail with the operation of juridical acts. Topics dealt with include: power and competence, capacity, form requirements, partial validity, avoidance and representation.
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  20.  6
    Jaap Hage (2007). Apropos of A Treatise of Legal Philosophy and General Jurisprudence: Volume. Ratio Juris 20 (3):432-441.
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  21.  4
    Jaap Hage (2011). A Model of Juridical Acts: Part 1: The World of Law. [REVIEW] Artificial Intelligence and Law 19 (1):23-48.
    This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. Because juridical acts will be analyzed as intentional changes in the world of law, the ‘furniture’ of this world, that consists broadly speaking of entities, facts and rules, plays a central role in the analysis. This first part of the paper deals with this furniture and its (...)
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  22.  1
    Jaap Hage (2009). Ter herinnering aan Bob Brouwer, een introductie. Netherlands Journal of Legal Philosophy 1:3-4.
    In an editorial article the editors supply a commentary on the topics covered in the journal.
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  23. Jaap Hage (2016). Anything Goes: An Apology for Parallel Distributed Legal Science. Informal Logic 36 (3):271-287.
    Doctrinal legal science seems to lack a proper method and purpose. This interpretation clarifies its value. The backbone of the argu- ment consists of two theses. The first is that coherence—in a sense unusu- al in law—plays a crucial role in legal science. The second is that doctrinal legal science is a social enterprise and this should be consid- ered in attempts to understand it. Based on these, a picture of doctrinal legal science is given consisting of parallel distributed constructions (...)
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  24. Jaap Hage (2011). Legal Transactions and the Legal Ought. In Jerzy Stelmach & Bartosz Brożek (eds.), The Normativity of Law. Copernicus Center Press
     
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