Search results for 'legal' (try it on Scholar)

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  1.  74
    Kenneth M. Ehrenberg (2015). Law’s Artifactual Nature: How Legal Institutions Generate Normativity. In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. Cambridge University Press 247-266.
    I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
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  2. Thérèse Murphy & Noel Whitty (2006). The Question of Evil and Feminist Legal Scholarship. Feminist Legal Studies 14 (1):1-26.
    In this article, we argue that feminist legal scholars should engage directly and explicitly with the question of evil. Part I summarises key facts surrounding the prosecution and life-long imprisonment of Myra Hindley, one of a tiny number of women involved in multiple killings of children in recent British history. Part II reviews a range of commentaries on Hindley, noting in particular the repeated use of two narratives: the first of these insists that Hindley is an icon of (...)
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  3. Kenneth M. Ehrenberg (2011). The Anarchist Official: A Problem for Legal Positivism. Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system (...)
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  4.  72
    David Gawthorne (2013). Fictionalising Jurisprudence: An Introduction to Strong Legal Fictionalism. Australian Journal of Legal Philosophy 38:52-73.
    The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about (...)
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  5.  10
    Maria Drakopoulou (2000). The Ethic of Care, Female Subjectivity and Feminist Legal Scholarship. Feminist Legal Studies 8 (2):199-226.
    The object of this essay is to explore the central role played by the ‘ethic of care’ in debates within and beyond feminist legal theory. The author claims that the ethic of care has attracted feminist legal scholars in particular, as a means of resolving the theoretical, political and strategic difficulties to which the perceived ‘crisis of subjectivity’ in feminist theory has given rise. She argues that feminist legal scholars are peculiarly placed in relation (...)
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  6.  36
    Alexander A. Guerrero (2012). Lawyers, Context, and Legitimacy: A New Theory of Legal Ethics. Georgetown Journal of Legal Ethics 25 (1):107-164.
    Even good lawyers get a bad rap. One explanation for this is that the professional rules governing lawyers permit and even require behavior that strikes many as immoral. The standard accounts of legal ethics that seek to defend these professional rules do little to dispel this air of immorality. The revisionary accounts of legal ethics that criticize the professional rules inject a hearty dose of morality, but at the cost of leaving lawyers unrecognizable as lawyers. This (...)
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  7.  29
    Andreas Wagner (2011). Francisco de Vitoria and Alberico Gentili on the Legal Character of the Global Commonwealth. Oxford Journal of Legal Studies 31 (3):565-582.
    In discussing the works of 16th-century theorists Francisco de Vitoria and Alberico Gentili, this article examines how two different conceptions of a global legal community affect the legal character of the international order and the obligatory force of international law. For Vitoria the legal bindingness of ius gentium necessarily presupposes an integrated character of the global commonwealth that leads him to as it were ascribe legal personality to the global community as a whole. But then (...)
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  8.  1
    Fiona M. Kay & Joan Brockman (2000). Barriers to Gender Equality in the Canadian Legal Establishment. Feminist Legal Studies 8 (2):169-198.
    In this paper we trace the historical exclusion of women from the legal profession in Canada. We examine women’s efforts to gain entry to law practice and their progress through the last century. The battle to gain entry to this exclusive profession took place on many fronts: in the courts, government legislature, public debate and media, and behind the closed doors of the law societies. After formal barriers to entry were dismantled, women continued to confront formidable barriers through overt (...)
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  9. Lucinda Vandervort (2012). Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown. In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM,. Ottawa: University of Ottawa Press 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis (...)
     
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  10. Robert Alexy (2002). The Argument From Injustice: A Reply to Legal Positivism. Oxford University Press.
    At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law.
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  11. Ben Hachey & Claire Grover (2006). Extractive Summarisation of Legal Texts. Artificial Intelligence and Law 14 (4):305-345.
    We describe research carried out as part of a text summarisation project for the legal domain for which we use a new XML corpus of judgments of the UK House of Lords. These judgments represent a particularly important part of public discourse due to the role that precedents play in English law. We present experimental results using a range of features and machine learning techniques for the task of predicting the rhetorical status of sentences and for the task (...)
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  12. Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
    On normative order -- On institutional order-- Law and the constitutional state -- A problem : rules or habits? -- On persons -- Wrongs and duties -- Legal positions and relations : rights and obligations -- Legal relations and things : property -- Legal powers and validity -- Powers and public law : law and politics -- Constraints on power : fundamental rights -- Criminal law and civil society : law and morality -- Private (...)
     
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  13.  79
    Matthew H. Kramer (1999). In Defense of Legal Positivism: Law Without Trimmings. Oxford University Press.
    This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in (...)
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  14.  22
    R. A. Duff (2014). Towards a Modest Legal Moralism. Criminal Law and Philosophy 8 (1):217-235.
    After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must (...)
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  15.  9
    Luka Burazin (2015). The Rule of Recognition and the Emergence of a Legal System. Revus 27.
    The paper claims that the rule of recognition, given the way it is presented by Hart, cannot be a constitutive rule of any legal system as a whole, but rather a constitutive rule of legal rules as elements of a legal system. Since I take the legal system to be an institutional artifact kind, I claim that, in order to account for a legal system as a whole, at least two further constitutive rules, in (...)
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  16.  10
    Lorena Ramírez Ludeña (2015). Legal Disagreements. A Pluralist Reply to Dworkin’s Challenge. Revus.
    In this paper I analyse the problem of legal disagreements, initially raised by Ronald Dworkin against Hartian positivism. According to Dworkin, disagreements are pervasive, since law is an argumentative practice in which participants invoke normative arguments. Positivists, who claim that law depends upon agreement among officials, have difficulties to make sense of the fact that lawyers frequently disagree. I first present the main arguments in the debate. I then go on to distinguish different levels at which lawyers disagree. (...)
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  17.  53
    Wilfrid J. Waluchow (1994). Inclusive Legal Positivism. Oxford University Press.
    This book develops a general philosophical theory about the nature of law and its relationship with morality called inclusive legal positivism. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to (...)
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  18.  18
    Norman Fenton, Martin Neil & David A. Lagnado (2013). A General Structure for Legal Arguments About Evidence Using Bayesian Networks. Cognitive Science 37 (1):61-102.
    A Bayesian network (BN) is a graphical model of uncertainty that is especially well suited to legal arguments. It enables us to visualize and model dependencies between different hypotheses and pieces of evidence and to calculate the revised probability beliefs about all uncertain factors when any piece of new evidence is presented. Although BNs have been widely discussed and recently used in the context of legal arguments, there is no systematic, repeatable method for modeling legal arguments as (...)
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  19.  61
    Fernando Prieto Ramos (2015). Quality Assurance in Legal Translation: Evaluating Process, Competence and Product in the Pursuit of Adequacy. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (1):11-30.
    Building on a functionalist framework for decision-making in legal translation, a holistic approach to quality is presented in order to respond to the specificities of this field and overcome the shortcomings of general models of translation quality evaluation. The proposed approach connects legal, contextual, macrotextual and microtextual variables for the definition of the translation adequacy strategy, which guides problem-solving and the rest of the translation process. The same parameters remain traceable between the translation brief and the (...)
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  20. Ian Proops (2003). Kant's Legal Metaphor and the Nature of a Deduction. Journal of the History of Philosophy 41 (2):209-229.
    This essay partly builds on and partly criticizes a striking idea of Dieter Henrich. Henrich argues that Kant's distinction in the first Critique between the question of fact (quid facti) and the question of law (quid juris) provides clues to the argumentative structure of a philosophical "Deduction". Henrich suggests that the unity of apperception plays a role analogous to a legal factum. By contrast, I argue, first, that the question of fact in the first Critique is settled by the (...)
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  21.  67
    Anne Bottomley (2004). Shock to Thought: An Encounter (of a Third Kind) with Legal Feminism. [REVIEW] Feminist Legal Studies 12 (1):29-65.
    This paper takes a recently published text and, in examining it closely, argues that it exemplifies trends within feminist scholarship in law, which might be characterised asestablishing a form of orthodoxy. The paper explores some of the ways in which thiso rthodoxy is constructed and presented, and argues that it is characterised by a commitment both to `grand theory' and Hegelian dialectics. The adoption of this model of work seems to offer a chance to hold together the triangular figure of (...)
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  22.  13
    Mitchell Travis (2015). We ’Re All Infected: Legal Personhood, Bare Life and The Walking Dead‘. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (4):787-800.
    This article argues that greater theoretical attention should be paid to the figure of the zombie in the fields of law, cultural studies and philosophy. Using The Walking Dead as a point of critical departure concepts of legal personhood are interrogated in relation to permanent vegetative states, bare life and the notion of the third person. Ultimately, the paper recommends a rejection of personhood; instead favouring a legal and philosophical engagement with humanity and embodiment. Personhood, it (...)
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  23.  42
    Thomas Søbirk Petersen (2010). New Legal Moralism: Some Strengths and Challenges. [REVIEW] Criminal Law and Philosophy 4 (2):215-232.
    The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent versions. First, this paper puts forward and defends the thesis that recently developed varieties of legal moralism promoted by Robert P. George, John Kekes and Michael Moore are more plausible than Lord Devlin's traditional account. The main argument for this thesis is that in its more modern versions legal moralism is immune to some of the (...)
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  24.  56
    Jeffrie G. Murphy (2006). Legal Moralism and Retribution Revisited. Criminal Law and Philosophy 1 (1):5-20.
    This is a slightly revised text of Jeffrie G. Murphy’s Presidential Address delivered to the American Philosophical Association, Pacific Division, in March 2006. In the essay the author reconsiders two positions he had previously defended—the liberal attack on legal moralism and robust versions of the retributive theory of punishment—and now finds these positions much more vulnerable to legitimate attack than he had previously realized. In the first part of the essay, he argues that the use of Mill’s liberal harm (...)
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  25.  43
    William Hirstein & Katrina Sifferd (2011). The Legal Self: Executive Processes and Legal Theory. Consciousness and Cognition 20 (1):151-176.
    When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than (...)
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  26.  28
    Mark Kelman (1987). A Guide to Critical Legal Studies. Harvard University Press.
    This book outlines and evaluates the principal strands of critical legal studies, and achieves much more as well.
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  27.  9
    Henry Prakken (2008). Formalising Ordinary Legal Disputes: A Case Study. [REVIEW] Artificial Intelligence and Law 16 (4):333-359.
    This paper presents a formal reconstruction of a Dutch civil legal case in Prakken’s formal model of adjudication dialogues. The object of formalisation is the argumentative speech acts exchanged during the dispute by the adversaries and the judge. The goal of this formalisation is twofold: to test whether AI & law models of legal dialogues in general, and Prakken’s model in particular, are suitable for modelling particular legal procedures; and to learn about the process (...)
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  28.  2
    Valerie Gray Hardcastle (2015). Traumatic Brain Injury, Neuroscience, and the Legal System. Neuroethics 8 (1):55-64.
    This essay addresses the question: What is the probative value of including neuroscience data in court cases where the defendant might have had a traumatic brain injury? That is, this essay attempts to articulate how well we can connect scientific data and clinical test results to the demands of the Daubert standard in the United States’ court system, and, given the fact that neuroimaging is already being used in our courts, what, if anything, we should do about this fact. Ultimately, (...)
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  29. Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.
    In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and (...)
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  30.  25
    Alison Chorley & Trevor Bench-Capon (2005). An Empirical Investigation of Reasoning with Legal Cases Through Theory Construction and Application. Artificial Intelligence and Law 13 (3-4):323-371.
    In recent years several proposals to view reasoning with legal cases as theory construction have been advanced. The most detailed of these is that of Bench-Capon and Sartor, which uses facts, rules, values and preferences to build a theory designed to explain the decisions in a set of cases. In this paper we describe CATE (CAse Theory Editor), a tool intended to support the construction of theories as described by Bench-Capon and Sartor, and which produces executable code corresponding (...)
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  31.  9
    Lucia Morra (2010). New Models for Language Understanding and the Cognitive Approach to Legal Metaphors. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (4):387-405.
    The essay deals with the mechanism of interpretation for legal metaphorical expressions. Firstly, it points out the perspective the cognitive approach induced about legal metaphors; then it suggests that this perspective gains in plausibility when a new bilateral model of language understanding is endorsed. A possible sketch of the meaning-making procedure for legal metaphors, compatible with this new model, is then proposed, and illustrated with some examples built on concepts belonging to the Italian Civil (...)
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  32.  33
    Kirsten Rowe & Keymanthri Moodley (2013). Patients as Consumers of Health Care in South Africa: The Ethical and Legal Implications. [REVIEW] BMC Medical Ethics 14 (1):15.
    South Africa currently has a pluralistic health care system with separate public and private sectors. It is, however, moving towards a socialised model with the introduction of National Health Insurance. The South African legislative environment has changed recently with the promulgation of the Consumer Protection Act and proposed amendments to the National Health Act. Patients can now be viewed as consumers from a legal perspective. This has various implications for health care systems, health care providers and the doctor-patient relationship.
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  33.  6
    Céline Gainet (2010). Exploring the Impact of Legal Systems and Financial Structure on Corporate Responsibility. Journal of Business Ethics 95 (2):195 - 222.
    This study investigates how diverse European legal systems and financial structures influence corporate social and environmental responsibility. The argument is developed by means of a framework that integrates legal systems and financial structures. Hypotheses relating to environmental responsibility have been tested using Innovest data gathered between 2002 and 2007 from 645 companies in 16 countries; and hypotheses relating to social responsibility have been tested using Innovest data gathered between 2004 and 2007 from 600 companies. The findings (...)
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  34.  84
    Tom Campbell (2004). Prescriptive Legal Positivism: Law, Rights and Democracy. Cavendish Publishing.
    Tom Campbell is well known for his distinctive contributions to legal and political philosophy over three decades. In emphasising the moral and political importance of taking a positivist approach to law and rights, he has challenged current academic orthodoxies and made a powerful case for regaining and retaining democratic control over the content and development of human rights. This collection of his essays reaches back to his pioneering work on socialist rights in the 1980s and forward from his (...)
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  35.  37
    Katie Atkinson & Trevor Bench-Capon (2005). Legal Case-Based Reasoning as Practical Reasoning. Artificial Intelligence and Law 13 (1):93-131.
    In this paper we apply a general account of practical reasoning to arguing about legal cases. In particular, we provide a reconstruction of the reasoning of the majority and dissenting opinions for a particular well-known case from property law. This is done through the use of Belief-Desire-Intention (BDI) agents to replicate the contrasting views involved in the actual decision. This reconstruction suggests that the reasoning involved can be separated into three distinct levels: factual and normative levels and a (...)
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  36.  41
    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 (...)
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  37.  24
    Ugo Pagallo (2013). Online Security and the Protection of Civil Rights: A Legal Overview. [REVIEW] Philosophy and Technology 26 (4):381-395.
    The paper examines the connection between online security and the protection of civil rights from a legal viewpoint, that is, considering the different types of rights and interests that are at stake in national and international law and whether, and to what extent, they concern matters of balancing. Over the past years, the purpose of several laws, and legislative drafts such as ACTA, has been to impose “zero-sum games”. In light of current statutes, such as HADOPI in France, (...)
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  38.  13
    Wim Peters, Maria-Teresa Sagri & Daniela Tiscornia (2007). The Structuring of Legal Knowledge in Lois. Artificial Intelligence and Law 15 (2):117-135.
    Legal information retrieval is in need of the provision of legal knowledge for the improvement of search strategies. For this purpose, the LOIS project is concerned with the construction of a multilingual WordNet for cross-lingual information retrieval in the legal domain. In this article, we set out how a hybrid approach, featuring lexically and legally grounded conceptual representations, can fit the cross-lingual information retrieval needs of both legal professionals and laymen.
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  39.  17
    Roger A. Shiner (1992). Norm and Nature: The Movements of Legal Thought. Oxford University Press.
    Is the nature of law to be formal procedure or to embody substantive value? This work deals with the traditional conflict in legal philosophy between positivistic and anti-positivistic theories of law. It examines the conflict with respect to seven central issues in legal philosophy--law as a reason for action, law and authority, the internal point of view to law, the acceptance of law, discretion and principle, interpretation and semantics, and law and the common good. This work (...)
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  40.  58
    Matthew H. Kramer (2012). What Is Legal Philosophy? Metaphilosophy 43 (1-2):125-134.
    This article delineates some of the main issues that are debated by philosophers of law. It explores the connections between legal philosophy and other areas of philosophy, while also seeking to specify the distinctiveness of many of the concerns that have preoccupied philosophers of law. It illustrates its abstract points with examples focused on the separability of law and morality, the nature of the rule of law, the nature of rights, justifications for the imposition of punishment, and the (...)
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  41.  21
    Giovanni Sartor (2009). Legal Concepts as Inferential Nodes and Ontological Categories. Artificial Intelligence and Law 17 (3):217-251.
    I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from the belief in the concept’s applicability, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, the inferential and eliminative analysis of legal concepts proposed by Alf Ross will be (...)
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  42.  25
    David Godden & Douglas Walton (2006). Argument From Expert Opinion as Legal Evidence: Critical Questions and Admissibility Criteria of Expert Testimony in the American Legal System. Ratio Juris 19 (3):261-286.
    While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen (...)
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  43.  7
    Riccardo Guastini (2015). A Realistic View on Law and Legal Cognition. Revus 27.
    The author outlines one form of analytical legal realism as the junction of three main theses. According to its first main thesis, interpretive sentences in legal discourse are ascriptive sentences with no cognitive function. According to the second thesis, the law is the set of norms in force, i.e. the norms actually applied in the past and predictably applied in the future by law-applying agencies. The third thesis is that legal science as a cognitive (...)
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  44.  30
    Eveline T. Feteris (2002). A Pragma-Dialectical Approach of the Analysis and Evaluation of Pragmatic Argumentation in a Legal Context. Argumentation 16 (3):349-367.
    This paper answers the question how pragmatic argumentation which occurs in a legal context, can be analyzed and evaluated adequately. First, the author surveys various ideas taken from argumentation theory and legal theory on the analysis and evaluation of pragmatic argumentation. Then, on the basis of these ideas, she develops a pragma-dialectical instrument for analyzing and evaluating pragmatic argumentation in a legal context. Finally she demonstrates how this instrument can be used by giving an (...)
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  45.  48
    Lawrence B. Solum (1992). Legal Personhood for Artificial Intelligences. North Carolina Law Review 70:1231.
    Could an artificial intelligence become a legal person? As of today, this question is only theoretical. No existing computer program currently possesses the sort of capacities that would justify serious judicial inquiry into the question of legal personhood. The question is nonetheless of some interest. Cognitive science begins with the assumption that the nature of human intelligence is computational, and therefore, that the human mind can, in principle, be modelled as a program that runs on a computer. Artificial (...)
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  46.  4
    Sol Azuelos-Atias (2011). On the Incoherence of Legal Language to the General Public. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (1):41-59.
    I will suggest, in this article, a possible explanation of the fact that legal language appears incoherent to the general public. I will present one legal text (an indictment), explaining why it appears incoherent to legal laypersons. I will argue that the traits making this particular text appear incoherent are, first, that a specialized legal meaning is conveyed implicitly and, second, that there are no key-words that could direct laypersons to the knowledge (...)
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  47.  6
    Gustavo Just (forthcoming). Interpretative Choices and Objectivity-Oriented Legal Discourse: A Strategic Analysis of the ECtHR Ruling on the French Face Veil Ban. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-18.
    On the 1st of July 2014 the European Court of Human Rights upheld the French legislation banning the wearing in public of the full-face veil. The article describes the intriguing justification given by the Court, notably the argument that the ban was justified as necessary to protect the principle of “living together”, and analyses it as an attempt to avoid rhetorically costlier justifications, such as those mobilising the principles of gender equality and human dignity. The analysis is undertaken in the (...)
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  48.  6
    Eveline T. Feteris (2005). The Rational Reconstruction of Argumentation Referring to Consequences and Purposes in the Application of Legal Rules: A Pragma-Dialectical Perspective. Argumentation 19 (4):459-470.
    In this paper, the author develops an instrument for the rational reconstruction of argumentation in which a judicial decision is justified by referring to the consequences in relation to the purpose of the rule. The instrument is developed by integrating insights from legal theory and legal philosophy about the function and use of arguments from consequences in relation to the purpose of a rule into a pragma-dialectical framework. Then, by applying the instrument to the analysis of (...)
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  49.  84
    Amalia Amaya (2007). Formal Models of Coherence and Legal Epistemology. Artificial Intelligence and Law 15 (4):429-447.
    This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal (...)
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  50.  5
    Eveline T. Feteris (forthcoming). Prototypical Argumentative Patterns in a Legal Context: The Role of Pragmatic Argumentation in the Justification of Judicial Decisions. Argumentation:1-19.
    In this contribution the prototypical argumentative patterns are discussed in which pragmatic argumentation is used in the context of legal justification in hard cases. First, the function and implementation of pragmatic argumentation in prototypical argumentative patterns in legal justification are addressed. The dialectical function of the different parts of the complex argumentation are explained by characterizing them as argumentative moves that are put forward in reaction to certain forms of critique. Then, on the basis of an (...)
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