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)|
References found in this work BETA
No references found.
Citations of this work BETA
Who Should Own Access Rights? A Game-Theoretical Approach to Striking the Optimal Balance in the Debate Over Digital Rights Management.Yu-Lin Chang - 2007 - Artificial Intelligence and Law 15 (4):323-356.
Similar books and articles
Abstract Argumentation.Robert A. Kowalski & Francesca Toni - 1996 - Artificial Intelligence and Law 4 (3-4):275-296.
Modelling Inference in Argumentation Through Labelled Deduction: Formalization and Logical Properties. [REVIEW]Carlos Iván Chesñevar & Guillermo Ricardo Simari - 2007 - Logica Universalis 1 (1):93-124.
Non-Monotonic Inference.Keith Frankish - 2005 - In Alex Barber (ed.), Encyclopedia of Language and Linguistics. Elsevier.
A Logical Expression of Reasoning.Arthur Buchsbaum, Tarcisio Pequeno & Marcelino Pequeno - 2007 - Synthese 154 (3):431 - 466.
A Semantic Approach to Non-Monotonic Conditionals.James Hawthorne - 1988 - In J. F. Lemmer & L. N. Kanal (eds.), Uncertainty in Artificial Intelligence 2. Elsevier.
Added to index2009-01-28
Total downloads51 ( #101,785 of 2,163,980 )
Recent downloads (6 months)1 ( #348,017 of 2,163,980 )
How can I increase my downloads?