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  1. On Legal Reasoning as Practical Reasoning.Aulis Aarnio - 1987 - Theoria 3 (1):97-107.
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  2. On Legal Reasoning.Aulis Aarnio - 1977 - Turun Yliopisto.
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  3. Legal Reasoning.Aulis Aarnio & Neil MacCormick (eds.) - 1958 - New York University Press, Reference Collection.
    This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
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  4. Social Facts, Constitutional Interpretation, and the Rule of Recognition.Matthew D. Adler - unknown
    This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...)
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  5. On (Moral) Philosophy and American Legal Scholarship.Matthew D. Adler - 2009 - In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press. pp. 114.
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  6. A Theory of Legal Argumentation the Theory of Rational Discourse as Theory of Legal Justification.Ruth Adler (ed.) - 1989
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  7. The Morality of Precedent in Law.Raphael A. Akanmidu - 2001 - Ratio Juris 14 (2):244-251.
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  8. Legal Objectivity and the Illusion of Legal Principles.Larry Alexander - 2012 - In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
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  9. Lesser Evils: A Closer Look at the Paradigmatic Justification. [REVIEW]Larry Alexander - 2005 - Law and Philosophy 24 (6):611-643.
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  10. The Rule of Rules: Morality, Rules, and the Dilemmas of Law.Larry Alexander - 2001 - Duke University Press.
    In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.
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  11. Affirmative Duties and the Limits of Self-Sacrifice.Larry Alexander - 1996 - Law and Philosophy 15 (1):65 - 74.
    American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to (...)
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  12. Inculpatory and Exculpatory Mistakes and the Fact/Law Distinction: An Essay in Memory of Myke Balyes. [REVIEW]Larry Alexander - 1993 - Law and Philosophy 12 (1):33 - 70.
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  13. Practical Reason and Statutory Interpretation.Larry Alexander - 1993 - Law and Philosophy 12 (3):319 - 328.
    I examine the "practical reason" approach to statutory interpretation, according to which the interpreter should look not only to text, legislative history, and other indicia of legislative intent, but also to post-enactment history and current values. I argue that if "practical reason" represents an epistemology of statutory interpretation, its proponents owe us an account of statutory ontology, without which their claims cannot be evaluated. On the other hand, if the practical reason approach claims to be itself an account of statutory (...)
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  14. Demystifying Legal Reasoning.Larry Alexander & Emily Sherwin - 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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  15. Rights, Legal Reasoning and Rational Discourse.Robert Alexy - 1992 - Ratio Juris 5 (2):143-152.
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  16. Legal Justification by Optimal Coherence.Amalia Amaya - 2011 - Ratio Juris 24 (3):304-329.
    This paper examines the concept of coherence and its role in legal reasoning. First, it identifies some problem areas confronting coherence theories of legal reasoning about both disputed questions of fact and disputed questions of law. Second, with a view to solving these problems, it proposes a coherence model of legal reasoning. The main tenet of this coherence model is that a belief about the law and the facts under dispute is justified if it is “optimally coherent,” that is, if (...)
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  17. Formal Models of Coherence and Legal Epistemology.Amalia Amaya - 2007 - 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 decision-making.
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  18. Current Views on Legal Reasoning: The Problem of Communication.Bruce Anderson - 1997 - Method 15 (2):151-168.
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  19. The Case for Re-Investigating "The Process of Discovery".Bruce Anderson - 1995 - Ratio Juris 8 (3):330-348.
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  20. Maneuvering with the Burden of Proof: Confrontational Strategies in Dealing with Political Accountability.Corina Andone - 2014 - Studies in Logic, Grammar and Rhetoric 36 (1):59-78.
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  21. Trial Courts and Adjudication.Sharyn Roach Anleu & Kathy Mack - 2010 - In Peter Cane & Herbert M. Kritzer (eds.), The Oxford Handbook of Empirical Legal Research. Oxford University Press.
    Empirical legal research into courts and adjudication starts with a formal model of trial courts and the nature of adjudication. This article discusses empirical legal research on trial courts and adjudication and divides them into three dimensions of analysis, macro, meso, and micro, to frame the discussion of empirical legal studies into courts and adjudication, the various methods researchers use, and significant findings. Empirical research may be theoretical, pragmatic or policy oriented. A large body of research approaches the study of (...)
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  22. Past and Present Interactions in Legal Reasoning and Logic.Matthias Armgardt, Patrice Canivez & Sandrine Chassagnard-Pinet - unknown
    This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen´s Dilemma, the Rhetor´s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying problematic of these contributions concerns the conditional structures and, more particularly, the relationship between legal theory and legal reasoning in the context of conditions.
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  23. Ethical Reasoning Strategies and Their Relation to Case-Based Instruction: Some Preliminary Results.K. D. Ashley & M. W. Keefer - 1996 - In Garrison W. Cottrell (ed.), Proceedings of the Eighteenth Annual Conference of the Cognitive Science Society. Lawrence Erlbaum. pp. 483--488.
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  24. Teaching a Process Model of Legal Argument with Hypotheticals.Kevin D. Ashley - 2009 - Artificial Intelligence and Law 17 (4):321-370.
    The research described here explores the idea of using Supreme Court oral arguments as pedagogical examples in first year classes to help students learn the role of hypothetical reasoning in law. The article presents examples of patterns of reasoning with hypotheticals in appellate legal argument and in the legal classroom and a process model of hypothetical reasoning that relates them to work in cognitive science and Artificial Intelligence. The process model describes the relationships between an advocate’s proposed test for deciding (...)
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  25. Automatically Classifying Case Texts and Predicting Outcomes.Kevin D. Ashley & Stefanie Brüninghaus - 2009 - Artificial Intelligence and Law 17 (2):125-165.
    Work on a computer program called SMILE + IBP (SMart Index Learner Plus Issue-Based Prediction) bridges case-based reasoning and extracting information from texts. The program addresses a technologically challenging task that is also very relevant from a legal viewpoint: to extract information from textual descriptions of the facts of decided cases and apply that information to predict the outcomes of new cases. The program attempts to automatically classify textual descriptions of the facts of legal problems in terms of Factors, a (...)
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  26. The Rationality of Legal Argumentation.Sol Azuelos Atias - 2009 - Pragmatics and Cognition 17 (2):383-401.
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  27. 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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  28. Legal Case-Based Reasoning as Practical Reasoning.Katie Atkinson & Trevor Bench-Capon - 2005 - 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 level connecting (...)
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  29. On Law and Legal Reasoning.Fernando Atria Lemaître - 2001 - Hart.
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  30. Legal Reasoning and Legal Theory Revisited.F. Atria - 1999 - Law and Philosophy 18 (5):537-577.
    This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...)
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  31. Pluralismo Argomentativo. Sull’Argomentazione Dell’Interpretazione.Mauro Barberis - 2006 - Etica E Politica 8 (1):1-21.
    The name of the theory of legal argumentation this paper subscribes could be argumentative pluralism - an application of value pluralism to legal argumentation. Legal reasons and arguments, as well as ethical values, are plural and conflicting - their conflicts too cannot be resolved by any general lexical order. The first section of the paper provides a definition of legal argumentation and some theses on its structure and methodology; the second one analyses ten legal arguments; the third one provides three (...)
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  32. Uncertain Reasoning About Agents' Beliefs and Reasoning.John A. Barnden - 2001 - Artificial Intelligence and Law 9 (2-3):115-152.
    Reasoning about mental states and processes is important in varioussubareas of the legal domain. A trial lawyer might need to reason andthe beliefs, reasoning and other mental states and processes of membersof a jury; a police officer might need to reason about the conjecturedbeliefs and reasoning of perpetrators; a judge may need to consider adefendant's mental states and processes for the purposes of sentencing;and so on. Further, the mental states in question may themselves beabout the mental states and processes of (...)
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  33. The Theory of Argument and the Refinement Process in Legal Expert Systems.J. Barragan - 1993 - Rechtstheorie 24 (3):317-328.
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  34. In Defense of Political Liberalism.Brian Barry - 1994 - Ratio Juris 7 (3):325-330.
  35. Case Interpretation.Shawn J. Bayern - unknown
    This Article develops an approach to constructing the meaning of prior court cases that is more helpful than formalistic, conventional distinctions between concepts like "holdings" and "dicta." Instead of trying to classify judicial announcements into categories, courts should engage in a broader interpretive inquiry when confronting prior cases. Determining what a judicial opinion stands for requires determining the intent that motivated the opinion, as carefully understood in light of the factual and argumentative context that gave rise to it. Under this (...)
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  36. Principles for Legal Procedure.Michael Bayles - 1986 - Law and Philosophy 5 (1):33 - 57.
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  37. Analogy in Legal Reasoning.Lawrence C. Becker - 1973 - Ethics 83 (3):248-255.
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  38. An Overview on Recent Medical Case-Based Reasoning Systems.Shahina Begum, Mobyen Uddin Ahmed, Peter Funk & Ning Xiong - forthcoming - The Swedish Ai Society Workshop May 27-28, 2009 Ida, Linköping University.
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  39. Aspects modernes du raisonnement jurisprudentiel.J. Belin-Milleron - 1971 - Logique Et Analyse 14 (53):3.
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  40. La justification en droit.G. Bellussi - 1971 - Logique Et Analyse 14 (53):229.
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  41. The Missing Link Revisited: The Role of Teleology in Representing Legal Argument. [REVIEW]T. J. M. Bench-Capon - 2002 - Artificial Intelligence and Law 10 (1-3):79-94.
    In this paper I recapitulate the ideas of Berman and Hafner (1993) regarding the role of teleology in legal argument. I show how these ideas can be used to address some issues arising from more recent work on legal argument, and how this relates to ideas associated with the New Rhetoric of Perelman. I illustrate the points with a discussion of the classic problem of which vehicles should be allowed in parks.
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  42. Isomorphism and Legal Knowledge Based Systems.T. J. M. Bench-Capon & F. P. Coenen - 1992 - Artificial Intelligence and Law 1 (1):65-86.
    This paper discusses some engineering considerations that should be taken into account when building a knowledge based system, and recommends isomorphism, the well defined correspondence of the knowledge base to the source texts, as a basic principle of system construction in the legal domain. Isomorphism, as it has been used in the field of legal knowledge based systems, is characterised and the benefits which stem from its use are described. Some objections to and limitations of the approach are discussed. The (...)
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  43. George C. Christie, the Notion of an Ideal Audience in Legal Argument.Trevor J. M. Bench-Capon - 2001 - Artificial Intelligence and Law 9 (1):59-71.
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  44. Zenon Bankowski, Ian White, and Ulrike Hahn, Informatics and the Foundations of Legal Reasoning.Trevor J. M. Bench-Capon - 1999 - Artificial Intelligence and Law 7 (4):363-365.
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  45. Some Aspects of Legal Reasoning concerning Constitutionally Protected Rights.F. R. Berger - 1971 - Logique Et Analyse 14 (53):7.
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  46. Certainty, Reasonableness and Argumentation in Law.Stefano Bertea - 2004 - Argumentation 18 (4):465-478.
    This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialec-tical notion of rationality this alternative account espouses an ambitious (...)
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  47. A Hybrid Formal Theory of Arguments, Stories and Criminal Evidence.Floris J. Bex, Peter J. van Koppen, Henry Prakken & Bart Verheij - 2010 - Artificial Intelligence and Law 18 (2):123-152.
    This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...)
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  48. Legal Stories and the Process of Proof.Floris Bex & Bart Verheij - 2013 - Artificial Intelligence and Law 21 (3):253-278.
    In this paper, we continue our research on a hybrid narrative-argumentative approach to evidential reasoning in the law by showing the interaction between factual reasoning (providing a proof for ‘what happened’ in a case) and legal reasoning (making a decision based on the proof). First we extend the hybrid theory by making the connection with reasoning towards legal consequences. We then emphasise the role of legal stories (as opposed to the factual stories of the hybrid theory). Legal stories provide a (...)
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  49. Martin Golding, Legal Reasoning. [REVIEW]Jerome Bickenbach - 1986 - Philosophy in Review 6:62-64.
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  50. Martin Golding, Legal Reasoning Reviewed By.Jerome E. Bickenbach - 1986 - Philosophy in Review 6 (2):62-64.
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