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  1. Between Institutional and Moral Discourse: On Alexy's Legal Philosophy.John Adenitire - 2013 - Jurisprudence 4 (2):358-364.
    Between Institutional and Moral Discourse: On Alexy's Legal Philosophy. A review of Matthias Klatt, Institutionalized Reason: The Jurisprudence of Robert Alexy.
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  2. Personal Rights and Rule-Dependence.Matthew D. Adler - 2000 - Legal Theory 6 (4):337-389.
    Can constitutional rights be both personal and rule-dependent? Can it be true of constitutional adjudication (1) that a constitutional litigant must assert rights, and yet also (2) that the viability of a constitutional challenge depends (or sometimes depends) on whether a particular type of legal rule, for example, a discriminatory or poorly tailored rule, is in force?
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  3. On Law and Logic.Carlos E. Alchourron - 1996 - Ratio Juris 9 (4):331-348.
    The main purpose of this paper is to explore the role played by logic in the legal domain. In the traditional conception which underlies the movement of codification, judges are able to find in the legal system (the Master System) a unique answer for every legal problem. This entails its completeness, consistency and the possibility of deriving from it the contents of all judicial decisions. Although the ideal model of this conception is supported by important theoretical and political ideals, it (...)
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  4. Conflicts of Norms and the Revision of Normative Systems.Carlos E. Alchourrón - 1991 - Law and Philosophy 10 (4):413 - 425.
  5. Legal Rules and Legal Reasoning.Larry Alexander - 2000
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  6. Legal Argumentation as Rational Discourse, 1992; It. Trans.: G. Sartor In.R. Alexy - 1993 - Ratio Juris 6.
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  7. Aleksander Peczenik: In Memoriam.Robert Alexy - 2006 - Ratio Juris 19 (2):245-248.
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  8. Practical Reasoning as Presumptive Argumentation Using Action-Based Alternating Transition Systems.Katie Atkinson & Trevor J. M. Bench-Capon - 2007 - Artificial Intelligence 171 (10-15):855-874.
    In this paper we describe an approach to practical reasoning, reasoning about what it is best for a particular agent to do in a given situation, based on presumptive justifications of action through the instantiation of an argument scheme, which is then subject to examination through a series of critical questions. We identify three particular aspects of practical reasoning which distinguish it from theoretical reasoning. We next provide an argument scheme and an associated set of critical questions which is able (...)
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  9. Counterfactuals and the Law.Simon Beck - 1993 - South African Journal of Philosophy 12 (3).
    This article is concerned with the place counterfactual reasoning occupies in South African law, and how philosophy might be able to help the law. I point out some of the more important and unavoidable uses of counterfactual reasoning in our law. Following this I make some suggestions as to how philosophy, and especially informal logic, can be of help to the law. Finally, I make some suggestions as to how the law in turn can help philosophy.
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  10. A Method for the Computational Modelling of Dialectical Argument with Dialogue Games.T. J. M. Bench-Capon, T. Geldard & P. H. Leng - 2000 - Artificial Intelligence and Law 8 (2-3):233-254.
    In this paper we describe a method for the specification of computationalmodels of argument using dialogue games. The method, which consists ofsupplying a set of semantic definitions for the performatives making upthe game, together with a state transition diagram, is described in full.Its use is illustrated by some examples of varying complexity, includingtwo complete specifications of particular dialogue games, Mackenzie's DC,and the authors' own TDG. The latter is also illustrated by a fully workedexample illustrating all the features of the game.
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  11. A Critique of Critical Legal Studies' Claim of Legal Indeterminacy.Ian Carlo Dapalla Benitez - 2015 - Lambert Academic Publishing.
    This paper challenges the Critical Legal Studies (CLS) claims of legal indeterminacy. It shall use a legal formalist logic and language as its main assertion, further maintaining that the CLS claims is only grounded in ambiguity and confusion. CLS is a legal theory that challenges and overturns accepted norms and standards in legal theory and practice. They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as a tool of privilege and power (...)
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  12. The Methods of Normativity.Hass Binesh - 2017 - Canadian Journal of Law and Jurisprudence 30 (1):159.
    This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of epistemological (...)
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  13. Should the Supreme Court Cite Living Judges?Andrew Botterell - 2009 - The Advocates' Quarterly 36:138-140.
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  14. A Reduction-Graph Model of Precedent in Legal Analysis.L. Karl Branting - 2003 - Artificial Intelligence 150 (1-2):59-95.
    Legal analysis is a task underlying many forms of legal problem solving. In the Anglo-American legal system, legal analysis is based in part on legal precedents, previously decided cases. This paper describes a reduction-graph model of legal precedents that accounts for a key characteristic of legal precedents: a precedent's relevance to subsequent cases is determined by the theory under which the precedent is decided. This paper identifies the implementation requirements for legal analysis using the reduction-graph model of legal precedents and (...)
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  15. Hegel's Ambiguous Contribution to Legal Theory.Thom Brooks - 2004 - Res Publica 11 (1):85-94.
    Hegel's legacy is particularly controversial, not least in legal theory. He has been classified as a proponent of either natural law, legal positivism, the historical school, pre-Marxism, postmodern critical theory, and even transcendental legal theory. To what degree has Hegel actually influenced contemporary legal theorists? This review article looks at Michael Salter's collection Hegel and Law. I look at articles on civil disobedience, contract law, feminism, and punishment. I conclude noting similarities between Hegel's legal theory and that of Ronald Dworkin. (...)
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  16. Does Philosophy Deserve a Place at the Supreme Court?Thom Brooks - 2003 - Rutgers Law Record 27 (1):1-17.
    This Comment demonstrates that policy judgements are not masked by philosophical references, nor do philosophers play any crucial role in contentious judicial decisions. Neomi Rao’s study is flawed for many reasons: incomplete content analysis, poor assessment of data, and an inadequate definition of philosophy. She should be criticised for hypocritically praising Court philosopher references in some instances and not others, especially with regard to the Court’s early development. This Comment searched unsuccessfully for an instance where philosophers were cited just once (...)
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  17. Is All Judicial Decision-Making Unavoidably Interpretive?Brian E. Butler - 2001 - Legal Studies Forum (3&4):315-329.
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  18. Review of P. Wahlgren, Automation of Legal Reasoning. [REVIEW]Michael Clark - 1997 - Information and Communications Technology Law 6.
  19. Aarnio and the Problem of Legal Certainty.Paolo Comanducci - 1995 - Rechtstheorie 26 (1):27-44.
    This paper considers certain aspects of Aarnio’s theory of legal reasoning. Criticism is limited to the notion of legal certainty and to the related notions of the justification and reasonable acceptability of interpretative standpoints.
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  20. On Thomas Hobbes's Fallible Natural Law Theory.Michael Cuffaro - 2011 - History of Philosophy Quarterly 28 (2):175-190.
    It is not clear, on the face of it, whether Thomas Hobbes's legal philosophy should be considered to be an early example of legal positivism or continuous with the natural-law tradition. On the one hand, Hobbes's command theory of law seems characteristically positivistic. On the other hand, his conception of the "law of nature," as binding on both sovereign and subject, seems to point more naturally toward a natural-law reading of his philosophy. Yet despite this seeming ambiguity, Hobbes scholars, for (...)
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  21. Common Knowledge, Pragmatic Enrichment and Thin Originalism.John Danaher - 2015 - Jurisprudence 7 (2):267-296.
    The meaning of an utterance is often enriched by the pragmatic context in which it is uttered. This is because in ordinary conversations we routinely and uncontroversially compress what we say, safe in the knowledge that those interpreting us will ‘add in’ the content we intend to communicate. Does the same thing hold true in the case of legal utterances like ‘This constitution protects the personal rights of the citizen’ or ‘the parliament shall have the power to lay and collect (...)
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  22. The Normativity of Linguistic Originalism: A Speech Act Analysis.John Danaher - 2015 - Law and Philosophy 34 (4):397-431.
    The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the constitution (...)
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  23. Adjudication.Ben Eggleston - 2013 - In James E. Crimmins (ed.), The Bloomsbury Encyclopedia of Utilitarianism. Bloomsbury Publishing. pp. 6-8.
    A short (about 1,000 words) overview of adjudication, describing the standard view (judges should just apply the law, when possible) and two goal-oriented views: wealth maximization and the maximization of well-being – i.e., utilitarian adjudication.
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  24. An Introduction to Aretaic Theories of Law.Colin Farrelly & Lawrence B. Solum - 2007 - In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave-Macmillan.
  25. Case Comment: Quantification of the ‘Proof Beyond Reasonable Doubt’ Standard.James Franklin - 2005 - Law, Probability and Risk 6:159-165.
    Argues for a minimal level of quantification for the "proof beyond reasonable doubt" standard of criminal law: if a jury asks "Is 60% enough?", the answer should be "No.".
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  26. A Model of Argumentation and its Application to Legal Reasoning.Kathleen Freeman & Arthur M. Farley - 1996 - Artificial Intelligence and Law 4 (3-4):163-197.
    We present a computational model of dialectical argumentation that could serve as a basis for legal reasoning. The legal domain is an instance of a domain in which knowledge is incomplete, uncertain, and inconsistent. Argumentation is well suited for reasoning in such weak theory domains. We model argument both as information structure, i.e., argument units connecting claims with supporting data, and as dialectical process, i.e., an alternating series of moves by opposing sides. Our model includes burden of proof as a (...)
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  27. Abortion: Moral and Legal Perspectives.J. Garfield & P. Hennessy (eds.) - 1984 - University of Massachusetts.
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  28. The Pleadings Games: An Artificial Intelligence Model of Procedural Justice.Thomas F. Gordon - 1995 - Springer.
    The Pleadings Game is a major contribution to artificial intelligence and legal theory. The book draws on jurisprudence and moral philosophy to develop a formal model of argumentation called the pleadings game. From a technical perspective, the work can be viewed as an extension of recent argumentation-based approaches to non-monotonic logic: (1) the game is dialogical rather than mono-logical; (2) the validity and priority of defeasible rules is subject to debate; and (3) resource limitations are acknowledged by rules for fairly (...)
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  29. The Pleadings Game.Thomas F. Gordon - 1993 - Artificial Intelligence and Law 2 (4):239-292.
    The Pleadings Game is a normative formalization and computational model of civil pleading, founded in Roberty Alexy''s discourse theory of legal argumentation. The consequences of arguments and counterarguments are modelled using Geffner and Pearl''s nonmonotonic logic,conditional entailment. Discourse in focussed using the concepts of issue and relevance. Conflicts between arguments can be resolved by arguing about the validity and priority of rules, at any level. The computational model is fully implemented and has been tested using examples from Article Nine of (...)
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  30. The Evolutionary Path of the Law. [REVIEW]Enrique Guerra-Pujol - 2014 - Indonesian Journal of International and Comparative Law 1 (3):878-890.
    What lessons can legal scholars learn from the life and work of W. D. "Bill" Hamilton, a lifelong student of nature? From my small corner of the legal Academia, three aspects of Bill Hamilton’s work in evolutionary biology stand out in particular: (i) Hamilton’s simple and beautiful model of social behavior in terms of costs and benefits; (ii) his fruitful collaboration with the political theorist Robert Axelrod and their unexpected yet elegant solution of the Prisoner’s Dilemma, an important game or (...)
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  31. Hard Cases: A Procedural Approach. [REVIEW]Jaap C. Hage, Ronald Leenes & Arno R. Lodder - 1993 - 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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  32. Reason-Based Logic: A Logic for Reasoning with Rules and Reasons.Jaap Hage & Bart Verheij - 1994 - Inform. Commun. Technol. Law 3 (2-3):171-209.
  33. Integrity and Stare Decisis.Scott Hershovitz - 2006 - In Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
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  34. A Normative Theory of the Clean Hands Defense.Ori J. Herstein - 2011 - Legal Theory 17 (3):171-208.
    What is the clean hands defense (CHD) normatively about? Courts designate court integrity as the CHD's primary norm. Yet, while the CHD may at times further court integrity, it is not fully aligned with court integrity. In addition to occasionally instrumentally furthering certain goods (e.g., court legitimacy, judge integrity, deterrence), the CHD embodies two judicially undetected norms: retribution and tu quoque (“you too!”). Tu quoque captures the moral intuition that wrongdoers are in no position to blame, condemn, or make claims (...)
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  35. Parsing the Reasonable Person: The Case of Self-Defense.Andrew Ingram - 2012 - American Journal of Criminal Law 39 (3):101-120.
    Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a person's (...)
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  36. Janos Jany: Judging in the Islamic, Jewish and Zoroastrian Legal Traditions: A Comparison of Theory and Practice. [REVIEW]Bernard S. Jackson - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (3):513-517.
    The author has higher degrees in both Law and Iranian Studies, and here presents a comparison of the role of the judge (sometimes linked to ‘jurists’ or ‘legal scholars’, e.g., p. 2) in Islamic, Jewish and Zoroastrian traditions, including his relationship to experts in legal doctrine (here termed ‘Jurisprudence’) in the various traditions. His principal theoretical aim is to counter the categorisation of these legal traditions as “religious legal systems”, thus “giving the impression that it is religion which is their (...)
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  37. Trust in(G) Eric.Bernard S. Jackson - 2013 - In A. C. De Oliveira (ed.), As interações sensíveis: Ensaios de sociossemiótica a partir da obra de Eric Landowski. São Paulo: Editions Estação das Letras e Cores e Editora CPS. pp. 81-100.
    This article is partly an exercise in academic autobiography, seeking to make sense of the different ways in which I have applied semiotics to secular law on the one hand, Jewish law on the other. The very fact that it can be applied to both shows that its claims are methodological. But it also indicates a possible reformulation of the semiotic issues in philosophical terms: we may view the relationship between the semantic and pragmatic levels in terms of the relationship/balance (...)
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  38. Literal Meaning: Semantics and Narrative in Biblical Law and Modern Jurisprudence.Bernard S. Jackson - 2000 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 13 (4):433-457.
    The modern conception of the "Rule of Law'' takes law to consist in rules known in advance. This latter characteristic assumes that, for the most part, the meaning of such rules is unproblematic (Hart's "core of settled meaning''), this usually being understood as a function of "literal meaning''. A quite different model exists in the Bible: the early rules display "oral residue'', and their meaning, I argue, is constructed in "narrative'' rather than "semantic'' terms: instead of asking: "what situations do (...)
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  39. With Reference to Touchie..Bernard S. Jackson - 1998 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 11 (1):79-93.
    This responds to the article by J.W.C. Touchie in this journal at 10 (1997) 317-335 commenting on my debate with Neil MacCormick regarding the linguistics of the normative syllogism, and in particular the notion of reference in the philosophy of language.
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  40. Some Semiotic Features of a Judicial Summing Up in an English Criminal Trial: R. V. Biezanek.Bernard S. Jackson - 1994 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 7 (2):201-224.
    This article examines a summing up by a judge to a jury in the Liverpool Crown Court, with particular reference to the distinction between communication and signification, and the fact that such summing ups are normally delivered entirely orally.
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  41. Envisaging Law.Bernard S. Jackson - 1994 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 7 (3):311-334.
    This article explores the roles of linguistic and visual images in the construction of legal sense, distinguishing the cultural, causal and physiological levels, with illustrations from both modern and Biblical law, and concluding with a section on the interaction of the levels as reflected in feminist jurisprudence.
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  42. Pour un modèle sémiotique de l'analogie du jeu en théorie du droit.Bernard S. Jackson - 1992 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 5 (1):55-90.
    A semiotic version of the use of the games analogy in legal adjudication.
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  43. MacCormick on Logical Justification in Easy Cases: A Semiotic Critique.Bernard S. Jackson - 1992 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 5 (2):203-214.
    On the respective roles (if any) of reference, sense and denotation in the normative syllogism.
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  44. Psychopathy, Genes, and the Criminal Justice System.Paula Kim - 2014 - The Columbia Science and Technology Law Review 15:375-400.
    This Note examines whether, and at which stages, a criminal defendant should be permitted to offer genetic evidence of a predisposition to psychopathy. Drawing on multidisciplinary sources, including the work of legal scholars, neurobiologists, psychologists, and medical researchers, the Note discusses psychopathy, its symptoms, and how it is measured, along with the proposed genetic and environmental causes of the disorder. The Note then examines current evidence rules and trends in the admissibility of genetic evidence at the guilt/innocence phase of criminal (...)
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  45. Smooth and Bumpy Laws.Adam Kolber - 2014 - California Law Review 102:655-690.
    Modest differences in conduct can lead to wildly different legal outcomes. A person deemed slightly negligent when harming another may owe millions of dollars. Had the person been just a bit more cautious, he would owe nothing. Similarly, when self-defense is deemed slightly negligent, a person may spend several years in prison. Had the person been just a bit more cautious, he would have no criminal liability at all. Though the law must draw difficult lines, the lines need not have (...)
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  46. Review of Sovereignty’s Promise: The State as Fiduciary by Evan Fox-Decent. [REVIEW]Matthew Lister - 2012 - Ethics 123 (1):150-4.
    In Sovereignty’s Promise: The State as Fiduciary, Evan Fox-Decent uses the idea of fiduciary relationships to explain the legitimate exercise of governmental authority. He makes use of the idea of the state as a fiduciary for the people to ground an account of the duty to obey the law, to explain the proper relationships between colonial (or “settler”) societies and aboriginal populations, the role of agency discretion and judicial review in the administrative state, the rule of law, the relationship between (...)
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  47. Rationales and Argument Moves.R. P. Loui & Jeff Norman - 1995 - Artificial Intelligence and Law 3 (3):159-189.
    We discuss five kinds of representations of rationales and provide a formal account of how they can alter disputation. The formal model of disputation is derived from recent work in argument. The five kinds of rationales are compilation rationales, which can be represented without assuming domain-knowledge (such as utilities) beyond that normally required for argument. The principal thesis is that such rationales can be analyzed in a framework of argument not too different from what AI already has. The result is (...)
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  48. Reason's Freedom and the Dialectic of Ordered Liberty.Edward C. Lyons - 2007 - Cleveland State Law Review 55 (2):157-232.
    The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...)
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  49. Presumptions in Legal Argumentation.Fabrizio Macagno & Douglas Walton - 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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  50. Autonomous Weapons and the Nature of Law and Morality: How Rule-of-Law-Values Require Automation of the Rule of Law.Duncan MacIntosh - 2016 - Temple International and Comparative Law Journal 30 (1):99-117.
    While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...)
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