Why non-monotonic logic is inadequate to represent balancing arguments

Artificial Intelligence and Law 11 (2-3):211-219 (2003)
This paper analyses the logical structure of the balancing of conflicting normative arguments, and asks whether non-monotonic logic is adequate to represent this type of legal or practical reasoning. Norm conflicts are often regarded as a field of application for non-monotonic logics. This paper argues, however, that the balancing of normative arguments consists of an act of judgement, not a logical inference, and that models of deductive as well as of defeasible reasoning do not give an adequate account of its structure. Moreover, it argues that as far as the argumentation consists in logical inferences, deductive logic suffices for reconstructing the argumentation from the internal point of view of someone making normative judgements.
Keywords argumentation  defeasible reasoning  internal point of view  legal reasoning  normative arguments  weighing and balancing
Categories (categorize this paper)
DOI 10.1023/B:ARTI.0000046010.14101.04
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 30,370
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA
On Balance.Marc Lauritsen - 2015 - Artificial Intelligence and Law 23 (1):23-42.

Add more citations

Similar books and articles
Added to PP index

Total downloads
52 ( #103,587 of 2,193,784 )

Recent downloads (6 months)
1 ( #290,983 of 2,193,784 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature