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  1. Vertical Precedents in Formal Models of Precedential Constraint.Gabriel L. Broughton - forthcoming - Artificial Intelligence and Law:1-55.
    The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, and adjusting the constraint (...)
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  2. 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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  3. The Problem of Defeasibility and the Problems of ‘Defeasibility’. [REVIEW]Luís Duarte D'Almeida - 2014 - Jurisprudence 5 (2):401-408.
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  4. Concept, Principle, and Norm—Equality Before the Law Reconsidered.Frej Klem Thomsen - 2018 - Legal Theory 24 (2):103-134.
    Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is the second ambition of (...)
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  5. Emotional Legal Arguments and a Broken Leg.Damasceno-Morais Rubens - unknown
    We intend to examine ways that emotions may be intertwined within argumentative legal discourses. From the transcript of a brief trial in a Court of Appeal in Brazil we have the opportunity to observe how the emotional and rational reasoning live together in a deliberation among magistrates. “The leg broken case” allow us to examine how judges define the value of compensation to be paid in cases of moral damage. We show that not only technical arguments are the compounds of (...)
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  6. Case Law Precedent and Legal Writing.Olaf Meyer & André Janssen - 2009 - In Olaf Meyer & André Janssen (eds.), Cisg Methodology. Sellier de Gruyter.
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  7. Legal Cases.Cary Boucock - 2000 - In In the Grip of Freedom: Law and Modernity in Max Weber. University of Toronto Press. pp. 223-224.
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  8. Moral and Legal Reasoning.L. Jonathan Cohen & Samuel Stoljar - 1982 - Philosophical Review 91 (1):141.
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  9. Legal Reason: The Use of Analogy in Legal Argument.Lloyd L. Weinreb - 2012 - 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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  10. Persuasive Authority in the Law.Grant Lamond - 2010 - The Harvard Review of Philosophy 17 (1):16-35.
    This article discusses the nature of persuasive authorities in the common law, and argues that many of them are best understood in terms of their (being regarded) as having theoretical rather than practical authorities for the courts that cite them. The contrast between theoretical and practical authority is examined at length in order to support the view that the treatment of many persuasive authorities by courts is more consistent with this view. Finally, it is argued that if persuasive authorities are (...)
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  11. Legal Reasoning and Legal Theory.Neil MacCormick - 1994 - Clarendon Press.
    What makes an argument in a law case good or bad? This book examines this and other questions central to the study of jurisprudence. Care has been taken to make the legal elements of the book readily accessible to non-lawyers, and the philosophical elements to non-philosophers.
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  12. A Teacher and Researcher: A Scratch on the Science Community and Meaning of Evaluation with the Research Doctoral Programs Ranking.Kiyoung Kim - 2015 - International Journal of Philosophy 3 (4):34.
    The epistemology and phenomenology of contemporary society tend to be deepened, and the philosophical challenges never are minimal that we may be called to face with the kind of post-modern chaos from the rapidly changing phenomena of the global community. The ballast held on the identity of faculty members as a teacher and researcher now turns due so as to be recast with our intrinsic of routine performance. I considered their quality as bent on the intellectual strife on the method (...)
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  13. Laws, Exceptions, Norms: Kierkegaard, Schmitt, and Benjamin on the Exception.Rebecca Gould - 2013 - Télos 2013 (162):77-96.
    The concept of the exception has heavily shaped modern political theory. In modernity, Kierkegaard was one of the first philosophers to propound the exception as a facilitator of metaphysical transcendence. Merging Kierkegaard’s metaphysical exception with early modern political theorist Jean Bodin’s theory of sovereignty, Carl Schmitt introduced sovereignty to metaphysics. He thereby made an early modern concept usable in a post-metaphysical world. This essay carries Schmitt’s appropriation one step further. Drawing on Walter Benjamin’s replacement of transcendental metaphysics with contingent creaturehood, (...)
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  14. Why Originalism Needs Critical Theory: Democracy, Language, and Social Power.Annaleigh Curtis - 2015 - Harvard Journal of Law and Gender 38 (2):437-459.
    I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the original meaning of some words in those (...)
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  15. The Forward-Looking Requirement of Formal Justice: Neil MacCormick on Consequential Reasoning.Maksymilian Del Mar - 2015 - Jurisprudence 6 (3):429-450.
    This paper discusses a much-neglected aspect of Neil MacCormick's theory of legal reasoning, namely what he calls ‘consequential reasoning’. For MacCormick, consequential reasoning is both an omnipresent feature of legal reasoning in England and Scotland, as well as being a valuable one. MacCormick articulates the value of consequential reasoning by seeing it as contributing to the forward-looking requirement of formal justice, ie, of deciding the instant case on grounds that one is willing to adopt when deciding future similar cases. This (...)
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  16. 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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  17. Legal Retrieval as Support to eMediation: Matching Disputant’s Case and Court Decisions.Soufiane El Jelali, Elisabetta Fersini & Enza Messina - 2015 - Artificial Intelligence and Law 23 (1):1-22.
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  18. Legal Reasoning and Political Conflict.Cass R. Sunstein - 1997 - Oxford University Press USA.
    The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, (...)
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  19. Legal Reasoning and Political Conflict.Cass R. Sunstein - 1996 - Oxford University Press USA.
    The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, (...)
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  20. Interpretative Importance of Legal Principles for the Understanding of Legal Texts.Marijan Pavčnik - 2015 - Archiv fuer Rechts- und Sozialphilosphie 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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  21. Reconstructing the Weight of Legal Arguments.H. José Plug - unknown
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  22. Legal Reasoning When the Supreme Court is Corrupt.Sheldon Wein - unknown
    This paper suggests a way of thinking about the legal reasoning done by conscientious judges working in a legal system during periods when those judges believed that their Supreme Court was malfunctioning. Seeing a legal system as a shared cooperative activity allows us to best understand how legal decision-making can remain consistent when it contains elements at the highest level which are believed not to be functioning properly.
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  23. 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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  24. 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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  25. Legal Reasoning as Fact Finding? A Contribution to the Analysis of Criminal Adjudication.Federico Picinali - 2014 - Jurisprudence 5 (2):299-327.
    This paper attempts to shed light on the dynamics of criminal adjudication. It starts by exploring some significant—and often ignored—similarities and dissimilarities between the practices and disciplines of, respectively, legal reasoning and fact finding. It then discusses the problem of defining the nature of these processes—legal reasoning, in particular—in terms of their being instances of practical or theoretical reasoning. Thus understood, the problem is shown to be distinct from two traditional questions of jurisprudence, namely whether law consists of facts and, (...)
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  26. 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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  27. On Law and Legal Reasoning.Fernando Atria Lemaãitre - 2001
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  28. Focusing the Law What Legal Interpretation is Not.Martin Stone - 1994 - Faculty of Law, University of Toronto.
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  29. Introduction to Legal Reasoning.John Swan - 1979 - University of Toronto, Faculty of Law.
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  30. Legal Reasoning and Utilitarianism.Joseph Benjamin Stulberg - 1975 - Dissertation, The University of Rochester
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  31. Principles, Rules, and Cases: The Logic of Judicial Decisions.Bruce Lee Miller - 1970 - Dissertation, Case Western Reserve University
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  32. Toward a Theory of Legal Justification.Richard Alan Wasserstrom - 1960 - Dissertation, University of Michigan
  33. Aspects modernes du raisonnement jurisprudentiel.J. Belin-Milleron - 1971 - Logique Et Analyse 14 (53):3.
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  34. Criteria of Adequacy for Judicial Reasoning.W. T. Blackstone - 1971 - Logique Et Analyse 14 (53):233.
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  35. Judicial Reasoning and Theoretical Reasoning.A. de Cervera - 1971 - Logique Et Analyse 14 (53):471.
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  36. Legal Reasoning in History.L. Tarnoi De Tharno - 1971 - Logique Et Analyse 14 (53):209.
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  37. La logique juridique à la lumière du rapport entre lalogique et les autres sciences.P. Cosmovici - 1971 - Logique Et Analyse 14 (53):459.
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  38. La justification en droit.G. Bellussi - 1971 - Logique Et Analyse 14 (53):229.
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  39. Some Aspects of Legal Reasoning concerning Constitutionally Protected Rights.F. R. Berger - 1971 - Logique Et Analyse 14 (53):7.
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  40. Principles and Politics in the Justification of Legal Decisions.J. F. Doyle - 1971 - Logique Et Analyse 14 (53):257.
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  41. On Locating Values in Judicial Inference.A. Edel - 1971 - Logique Et Analyse 14 (53):31.
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  42. Martin Golding, Legal Reasoning. [REVIEW]Jerome Bickenbach - 1986 - Philosophy in Review 6:62-64.
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  43. "Discovery" in Legal Decision Making.Bruce Anderson - 1998 - Law and Philosophy 17 (2):177-192.
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  44. Current Views on Legal Reasoning: The Problem of Communication.Bruce Anderson - 1997 - Method 15 (2):151-168.
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  45. The Semantics of Legal Reasoning.Claude Henry Prevots - 1961 - Dissertation, The University of Wisconsin - Madison
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  46. Legal Reasoning as Applied to the Interpretation of Statutes.Michael Alan Reiter - 1969 - Dissertation, The University of Wisconsin - Madison
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  47. JENSEN, O. C. -The Nature of Legal Argument. [REVIEW]A. M. Honoré - 1958 - Mind 67:561.
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  48. Changing Legal Systems: Legal Abrogations and Annulments in Defeasible Logic.Guido Governatori & Antonino Rotolo - 2010 - Logic Journal of the IGPL 18 (1):157-194.
    In this paper we investigate how to represent and reason about legal abrogations and annulments in Defeasible Logic. We examine some options that embed in this setting, and in similar rule-based systems, ideas from belief and base revision. In both cases, our conclusion is negative, which suggests to adopt a different logical model. This model expresses temporal aspects of legal rules, and distinguishes between two main timelines, one internal to a given temporal version of the legal system, and another relative (...)
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  49. Dialectical Argumentation for Reasoning About Chemical Carcinogenicity.P. Mcburney & S. Parsons - 2001 - Logic Journal of the IGPL 9 (2):175-188.
    We aim to build intelligent systems which can reason autonomously about the carcinogenicity of chemicals. Scientific debates in this area draw on evidence from multiple, and often conflicting sources, both theoretical and experimental, and participants use various modes of inferential reasoning. In seeking to automate such reasoning, we have first articulated precisely the multiple modes of inference used when an assertion of human carcinogenicity is made from experimental animal evidence. Because such inferences are often contested, scientific debate in this domain (...)
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  50. Il Petrarchismo Giuridico: Filosofia E Logica Del Diritto Agli Inizi Dell'umanesimo.Maurizio Manzin - 1994
1 — 50 / 668