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  1. The Potential of Abductive Legal Reasoning.Bjarte Askeland - 2020 - Ratio Juris 33 (1):66-81.
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  2. The Problem of Defeasibility and the Problems of ‘Defeasibility’. [REVIEW]Luís Duarte D'Almeida - 2014 - Jurisprudence 5 (2):401-408.
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  3. Demystifying Legal Reasoning.Larry Alexander & Emily Sherwin (eds.) - 2008 - Cambridge University Press.
    Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
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  4. Presumption in Legal Argumentation: From Antiquity to the Middle Ages.Hanns Hohmann - unknown
    This paper traces the evolution of the concept of presumption from a subordinate part of the Roman law to a central feature of legal disputations in medieval law. Special attention will be given to the second edition of the Libellus Pylei Disputato rius by Pilius of Medicina, and to the anonymous Tractatus de Praesumptionibus. My analysis will emphasize elements of these developments useful in the renewed discussion about the role of presumptions in argumentation stimulate d particularly by Richard Gaskins' Burdens (...)
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  5. Law and Defeasibility. A Few Comments on The Logic of Legal Requirements.Bartosz Brożek - 2014 - Revus 23:165-170.
    The Logic of Legal Requirements. Essays on Defeasibility, edited by Jordi Ferrer Beltrán and Giovanni Battista Ratti, and published by Oxford University Press in 2012, is a very much welcome contribution to one of the most discussed topics in the contemporary legal theory and philosophy. Defeasibility is connected to many essential issues such as the nature of legal reasoning, the structure of legal norms and legal system, the concept of legal validity, as well as the mechanisms and limits of..
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  6. Presumptions in Legal Argumentation.Douglas Walton Fabrizio Macagno - 2012 - Ratio Juris 25 (3):271-300.
    In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...)
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  7. More on the Gettier Problem and Legal Proof.Michael S. Pardo - 2011 - Legal Theory 17 (1):75-80.
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  8. The Rationality of Legal Argumentation.Sol Azuelos Atias - 2009 - Pragmatics and Cognition 17 (2):383-401.
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  9. Defeasible Rules and Interpersonal Accountability.Bruce Chapman - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
    Defeasible rules are said to allow for the following two-staged sequence, viz., that p → q and yet p & r → not-q. This is puzzling because in the logic of conditionals the sufficiency of p for q cannot normally be undermined if one adds to the antecedent a further proposition r. Critics argue that the better approach to comprehending defeasibility is explicitly to represent the limiting factor r in a single-stage articulation of the rule, viz., as p & not-r (...)
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  10. Legal Defeasibility in Context and the Emergence of Substantial Indefeasibility.Jonathan R. Nash - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
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  11. Defeasibility and Adjudication.Richard H. S. Tur - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
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  12. Rules, Principles, and Defeasibility.Manuel Atienza & Juan Ruiz Manero - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
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  13. True Exceptions : Defeasibility and Particularism.Bruno Celano - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press. pp. 268--287.
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  14. Reasons for Action and Defeasibility.María Cristina Redondo - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
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  15. Defeasibility and Open Texture.Brian H. Bix - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
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  16. Acts, Normative Formulations, and Defeasible Norms.Ricardo Caracciolo - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
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  17. Defeasibility and Legal Indeterminacy.Pierluigi Chiassoni - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
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  18. Defeasibility, Axiological Gaps, and Interpretation.Riccardo Guastini - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
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  19. Defeasible Properties.Rafael Hernández Marín - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
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  20. Defeasibility in Legal Reasoning.Giovanni Sartor - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
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  21. Defeasibility, Contributory Conditionals, and Refinement of Legal Systems.Juliano S. A. Maranhão - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
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  22. Against Defeasibility of Legal Rules.Jorge L. Rodríguez - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
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  23. The Three Faces of Defeasibility in the Law.Henry Prakken & Giovanni Sartor - 2004 - Ratio Juris 17 (1):118-139.
  24. Lesser Evils: A Closer Look at the Paradigmatic Justification. [REVIEW]Larry Alexander - 2005 - Law and Philosophy 24 (6):611-643.
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  25. Why Shall Legal Reasoning Be Coherent?Aleksander Peczenik - 1993 - In K. B. Agrawal & R. K. Raizada (eds.), Sociological Jurisprudence and Legal Philosophy: Random Thoughts On. University Book House.
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  26. Argumentation Schemes.Douglas Walton, Chris Reed & Fabrizio Macagno - 2008 - Cambridge University Press.
    This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined (...)
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Analogical Reasoning in Law
  1. The Constraining Force of Analogies and the Role of the Judge.Katharina Stevens - 2018 - In Kenneth Einar Himma, Miodrag A. Jovanović & Bojan Spaic (eds.), Unpacking Normativity - Conceptual, Normative and Descriptive Issues. Oxford, UK: pp. 187 - 205.
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  2. Legal Reason: The Use of Analogy in Legal Argument.Lloyd L. Weinreb - 2005 - Cambridge University Press.
    Legal Reason describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner and others, which regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. It shows that analogical reasoning in the law is the same as the reasoning used by all of us routinely in everyday life and that it is a valid form of reasoning derived (...)
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  3. Valuing Reasons: Analogy and Epistemic Deference in Legal Argument.Scott Brewer - 1997 - Dissertation, Harvard University
    This thesis addresses two enduring issues in legal theory-- rationality and its association with rule of law values--by offering detailed models of two patterns of legal reasoning. One is reasoning by analogy. The other is the inference process that legal reasoners use when they defer epistemically to scientific experts in the course of reaching legal decisions. Discussions in both chapters reveal that the inference pattern known as "abduction" is a deeply important element of many legal inferences, including analogy and epistemic (...)
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  4. Logik Und Axiologie der Analogen Rechtsanwendung. [REVIEW]K. B. L. - 1962 - Review of Metaphysics 15 (3):525-526.
    A meticulous examination of the logical and axiological principles of analogical inference in legal reasoning. The first part presents an elementary but useful survey of traditional and modern logical analyses of analogy and analogical inference. In the second part, these concepts are examined in their juridical applications. Much is made of the conclusion that analogical inference cannot be rendered "binding" by logical considerations alone; to make up for this in legal reasoning, axiological principles must be employed.--L. K. B.
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  5. Legal Reason: The Use of Analogy in Legal Argument. [REVIEW]Timothy Kaye - 2005 - Journal of Mind and Behavior 26 (4):307-312.
    Lloyd Weinreb’s Legal Reason: The Use of Analogy in Legal Argument is the latest contribution to a familiar debate. Since the Second World War, a recurrent theme of Anglo–American jurisprudence has been the desire to explain and justify the process of courtroom adjudication, especially at appellate level. Such explanation and justification has proved extraordinarily elusive. According to the doctrine of separation of powers, the functions of the judiciary must differ from those of the legislature and executive. We therefore need to (...)
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  6. Analogical Reasoning in the Common Law.Grant Lamond - 2014 - Oxford Journal of Legal Studies 34 (3):567-588.
    Analogical reasoning is a pervasive feature of the common law, yet its structure and rational force is much disputed by legal theorists, some of whom are sceptical that it has any rational force at all. This article argues that part of the explanation for these disagreements lies in there being not one form of analogical reasoning in the common law, but three: classificatory analogies, close analogies and distant analogies. These three differ in their functions and rationale. Classificatory analogies involve the (...)
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  7. Argument From Analogy in Legal Rhetoric.Douglas Walton - 2013 - Artificial Intelligence and Law 21 (3):279-302.
    This paper applies recent work on scripts and stories developed as tools of evidential reasoning in artificial intelligence to model the use of argument from analogy as a rhetorical device of persuasion. The example studied is Gerry Spence’s closing argument in the case of Silkwood v. Kerr-McGee Corporation, said to be the most persuasive closing argument ever used in an American trial. It is shown using this example how argument from analogy is based on a similarity premise where similarity between (...)
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  8. Analogy Exercises for Teaching Legal Reasoning.Peter Suber - unknown
    Legal reasoning is not the same as the reasoning in mathematics or the physical sciences. It is like them. Specifying the likeness in more detail, and deciding whether there is more likeness than unlikeness, are the kinds of tasks that legal reasoning is better adapted to do than mathematical or scientific reasoning.
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  9. Argument From Analogy in Law, the Classical Tradition, and Recent Theories.Fabrizio Macagno & Douglas Walton - 2009 - Philosophy and Rhetoric 42 (2):154-182.
    Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, dialectical (...)
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  10. Understanding Blended Multi-Source Arguments as Arguments From Partial Analogies.Marcello Guarini - 2010 - Ratio Juris 23 (1):65-100.
    This paper identifies a type of multi-source (case-based) reasoning and differentiates it from other types of analogical reasoning. Work in cognitive science on mental space mapping or conceptual blending is used to better understand this type of reasoning. The type of argument featured herein will be shown to be a kind of source-blended argument. While it possesses some similarities to traditionally conceived analogical arguments, there are important differences as well. The triple contract (a key development in the usury debates of (...)
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  11. Analogy in Legal Reasoning.Lawrence C. Becker - 1973 - Ethics 83 (3):248-255.
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  12. Precedent and Analogy in Legal Reasoning.Grant Lamond - 2008 - Stanford Encyclopedia of Philosophy.
  13. Thinking Like a Lawyer.Dan Priel - manuscript
    Many legal theorists have argued that analogical reasoning is merely rule-following in which the general rule is not stated. Lloyd Weinreb's tries to defend the practice of analogical reasoning on its own terms. He does so by giving examples of the way people use analogical reasoning, both in legal and non-legal contexts, as a means for deciding how to act in particular circumstances. By itself such evidence does not support Weinreb's case, because to justify analogy he must show that analogical (...)
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Rules in Legal Reasoning
  1. Practical Reason and Norms, 2nd Edition.Joseph Raz - 1990 - Princeton University Press.
    Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...)
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  2. Practical Rules: When We Need Them and When We Don’T.Alan H. Goldman (ed.) - 2001 - Cambridge University Press.
    Rules proliferate; some are kept with a bureaucratic stringency bordering on the absurd, while others are manipulated and ignored in ways that injure our sense of justice. Under what conditions should we make exceptions to rules, and when should they be followed despite particular circumstances? The two dominant models in the literature on rules are the particularist account and that which sees the application of rules as normative. Taking a position that falls between these two extremes, Alan Goldman provides a (...)
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  3. Interpretative Importance of Legal Principles for the Understanding of Legal Texts.Marijan Pavčnik - 2015 - Archiv für Rechts- Und Sozialphilosophie 101 (1):52-59.
    Law is a system of legal rules and legal principles. The distinction between them is a relative one. Always such definite major and minor premises are to be formed that the case can be subsumed under the rule and a conclusion, which includes the decision, can be drawn. This applies to legal principles that are operationalised by legal rules as well as to statutory forms of legal rules, which are often open as to their meaning and/or contain definitions that comprise (...)
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  4. Do Precedents Create Rules?Grant Lamond - 2005 - Legal Theory 11 (1):1-26.
    This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later courts are (...)
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  5. Modeling Legal Rules.Richard Holton - 2011 - In Andrei Marmor & Scott Soames (eds.), Philosophical Foundations of Language in the Law. Oxford University Press.
    Building on earlier work, this paper develops a model of legal rules that admit of exceptions but are nonetheless governed by classical logic. The account is defended against alternative accounts that construe legal rules as generics, or as default rules.
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  6. Rule Following, Rule Scepticism and Indeterminacy in Law: A Conventional Account.Peter Drahos & Stephen Parker - 1992 - Ratio Juris 5 (1):109-119.
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  7. Principles, Values, and Rules in Legal Decision-Making and the Dimensions of Legal Rationality.Jerzy Wróblewski - 1990 - Ratio Juris 3 (s1):100-117.
  8. Are There Legal Rules?Joseph W. Bingham - 1966 - In Martin P. Golding (ed.), The Nature of Law. New York: Random House.
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  9. Between Authority and Interpretation: On the Theory of Law and Practical Reason.Joseph Raz (ed.) - 2009 - Oxford University Press.
    Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation of constitutions : some (...)
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  10. The Rule of Rules: Morality, Rules, and the Dilemmas of Law.Larry Alexander (ed.) - 2001 - Duke University Press.
    In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.
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  11. Concerning the Defeasibility of Legal Rules.Leonard G. Boonin - 1966 - Philosophy and Phenomenological Research 26 (3):371-378.
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