Jumps and logic in the law

Artificial Intelligence and Law 4 (3-4):297-329 (1996)
Abstract
The main stream of legal theory tends to incorporate unwritten principles into the law. Weighing of principles plays a great role in legal argumentation, inter alia in statutory interpretation. A weighing and balancing of principles and other prima facie reasons is a jump. The inference is not conclusive.To deal with defeasibility and weighing, a jurist needs both the belief-revision logic and the nonmonotonic logic. The systems of nonmonotonic logic included in the present volume provide logical tools enabling one to speak precisely about various kinds of rules about rules, dealing with such things as applicability of rules, what is assumed by rules, priority between rules and the burden of proof. Nonmonotonic logic is an example of an extension of the domain of logic. But the more far-reaching the extension is, the greater problems it meets. It seems impossible to make logical reconstruction of the totality of legal argumentation.
Keywords coherence  defeasibility  nonmonotonic logic  principles  weighing
Categories (categorize this paper)
DOI 10.1007/BF00118495
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history
Request removal from index
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 27,195
Through your library
References found in this work BETA
Objective Knowledge.Karl R. Popper - 1972 - Oxford, Clarendon Press.
Fact, Fiction, and Forecast.Nelson Goodman - 1955 - Harvard University Press.
The Structure of Scientific Revolutions.Thomas S. Kuhn - 1962 - University of Chicago Press.

View all 20 references / Add more references

Citations of this work BETA
A Formal Model of Adjudication Dialogues.Henry Prakken - 2008 - Artificial Intelligence and Law 16 (3):305-328.
Reasoning with Factors.Giovanni Sartor - 2005 - Argumentation 19 (4):417-432.

Add more citations

Similar books and articles
Law, Logic, Rhetoric: A Procedural Model of Legal Argumentation.Arno R. Lodder - 2004 - In S. Rahman (ed.), Logic, Epistemology, and the Unity of Science. Dordrecht: Kluwer Academic Publishers. pp. 569--588.
Abstract Argumentation.Robert A. Kowalski & Francesca Toni - 1996 - Artificial Intelligence and Law 4 (3-4):275-296.
Rule Consistency.J. Hage - 2000 - Law and Philosophy 19 (3):369-390.
A Theory of Legal Reasoning and a Logic to Match.Jaap Hage - 1996 - Artificial Intelligence and Law 4 (3-4):199-273.

Monthly downloads

Added to index

2009-01-28

Total downloads

49 ( #105,818 of 2,163,896 )

Recent downloads (6 months)

2 ( #188,913 of 2,163,896 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Order:
There  are no threads in this forum
Nothing in this forum yet.

Other forums