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Jaap Hage
Leiden University
  1.  27
    Reasoning with Rules: An Essay on Legal Reasoning and its Underlying Logic.Jaap Hage - 1997 - Kluwer Academic Publishers.
    Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the (...)
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  2. 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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  3. A Theory of Legal Reasoning and a Logic to Match.Jaap Hage - 1996 - Artificial Intelligence and Law 4 (3-4):199-273.
    This paper describes a model of legal reasoning and a logic for reasoning with rules, principles and goals that is especially suited to this model of legal reasoning. The paper consists of three parts. The first part describes a model of legal reasoning based on a two-layered view of the law. The first layer consists of principles and goals that express fundamental ideas of a legal system. The second layer contains legal rules which in a sense summarise the outcome of (...)
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  4.  39
    Theoretical Foundations for the Responsibility of Autonomous Agents.Jaap Hage - 2017 - Artificial Intelligence and Law 25 (3):255-271.
    This article argues that it is possible to hold autonomous agents themselves, and not only their makers, users or owners, responsible for the acts of these agents. In this connection autonomous systems are computer programs that interact with the outside world without human interference. They include such systems as ‘intelligent’ weapons and self-driving cars. The argument is based on an analogy between human beings and autonomous agents and its main element asserts that if humans can be held responsible, so can, (...)
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  5.  11
    Handbook of Legal Reasoning and Argumentation.Colin Aitken, Amalia Amaya, Kevin D. Ashley, Carla Bagnoli, Giorgio Bongiovanni, Bartosz Brożek, Cristiano Castelfranchi, Samuele Chilovi, Marcello Di Bello, Jaap Hage, Kenneth Einar Himma, Lewis A. Kornhauser, Emiliano Lorini, Fabrizio Macagno, Andrei Marmor, J. J. Moreso, Veronica Rodriguez-Blanco, Antonino Rotolo, Giovanni Sartor, Burkhard Schafer, Chiara Valentini, Bart Verheij, Douglas Walton & Wojciech Załuski (eds.) - 2018 - Springer Verlag.
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  6.  34
    An Integrated View on Rules and Principles.Bart Verheij, Jaap C. Hage & H. Jaap Van Den Herik - 1998 - Artificial Intelligence and Law 6 (1):3-26.
    In the law, it is generally acknowledged that there are intuitive differences between reasoning with rules and reasoning with principles. For instance, a rule seems to lead directly to its conclusion if its condition is satisfied, while a principle seems to lead merely to a reason for its conclusion. However, the implications of these intuitive differences for the logical status of rules and principles remain controversial.A radical opinion has been put forward by Dworkin (1978). The intuitive differences led him to (...)
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  7.  17
    The Logic of Analogy in the Law.Jaap Hage - 2005 - Argumentation 19 (4):401-415.
    This paper deals with two issues in the field of reasoning by analogy in the law. The one issue is whether there exists such a thing as analogous rule application, or whether there is only the ‘normal’ application of a broadened rule. It is argued that if rules, as the entities made by a legislator, are distinguished from generalised solutions for cases, the idea of analogous application of rules makes sense. It is also shown how the so-called ‘reason-based model of (...)
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  8.  89
    Law and Defeasibility.Jaap Hage - 2003 - Artificial Intelligence and Law 11 (2-3):221-243.
    The paper consists of three parts. In the first part five kinds of defeasibility are distinguished that is ontological, conceptual, epistemic, justification and logical defeasibility. In the second part it is argued that from these, justification defeat is the phenomenon that plays a role in legal reasoning. In the third part, the view is defended that non-monotonic logics are not necessary to model justification defeat, but that they are so to speak the natural way to model this phenomenon.
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  9.  34
    Dialectical Models in Artificial Intelligence and Law.Jaap Hage - 2000 - Artificial Intelligence and Law 8 (2-3):137-172.
    Dialogues and dialectics have come to playan important role in the field of ArtificialIntelligence and Law. This paper describes thelegal-theoretical and logical background of this role,and discusses the different services into whichdialogues are put. These services include:characterising logical operators, modelling thedefeasibility of legal reasoning, providing the basisfor legal justification and identifying legal issues,and establishing the law in concrete cases. Specialattention is given to the requirements oflaw-establishing dialogues.
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  10.  14
    Law and Coherence.Jaap Hage - 2004 - Ratio Juris 17 (1):87-105.
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  11.  42
    Law, Morals and Defeasibility.Jaap Hage & Aleksander Peczenik - 2000 - Ratio Juris 13 (3):305-325.
  12.  23
    Comparing Alternatives in the Law.Jaap Hage - 2004 - Artificial Intelligence and Law 12 (3):181-225.
    This paper argues the thesis that a particular style of reasoning, qualitative comparative reasoning (QCR), plays a role in at least three areas of legal reasoning that are central in AI and law research, namely legal theory construction, case-based reasoning in the form of case comparison, and legal proof. The paper gives an informal exposition of one particular way to deal with QCR, based on the author’s previous work on reason-based logic (RBL). Then it contains a substantially adapted formalisation of (...)
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  13.  6
    Legal Knowledge About What?Aleksander Peczenik & Jaap Hage - 2000 - Ratio Juris 13 (3):326-345.
  14.  77
    Donald NUTE (Ed.), Defeasible Deontic Logic.Jaap Hage - 2000 - Artificial Intelligence and Law 8 (1):75-91.
  15.  39
    Rule Consistency.Jaap Hage - 2000 - Law and Philosophy 19 (3):369-390.
    This paper develops the theory that a set of rules is consistent if it is not possible that (1) the conditions of the rules in the set are all satisfied, (2) there is no exception to either one of the rules, and (3) the consequences of the rules are incompatible. To this purpose the notion of consistency is generalised to make it cover rules and is relativised to some background of constraints.This theory is formalised by means of Rule Logic, in (...)
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  16.  13
    Introduction. Papers From the Jurix '95 Conference.Jaap Hage - 1997 - Artificial Intelligence and Law 5 (4):243-248.
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  17.  12
    Introduction to the Special Issue on Machine Law.Bartosz Brożek, Jaap Hage & Bipin Indurkhya - 2017 - Artificial Intelligence and Law 25 (3):251-253.
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  18. Law and Mind: A Survey of Law and the Cognitive Sciences.Bartosz Brożek, Jaap Hage & Nicole Vincent (eds.) - 2021 - Cambridge University Press.
    Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary (...)
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  19.  11
    Anything Goes: An Apology for Parallel Distributed Legal Science.Jaap Hage - 2016 - Informal Logic 36 (3):271-287.
    Doctrinal legal science seems to lack a proper method and purpose. This interpretation clarifies its value. The backbone of the argu- ment consists of two theses. The first is that coherence—in a sense unusu- al in law—plays a crucial role in legal science. The second is that doctrinal legal science is a social enterprise and this should be consid- ered in attempts to understand it. Based on these, a picture of doctrinal legal science is given consisting of parallel distributed constructions (...)
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  20.  15
    A Model of Juridical Acts: Part 1: The World of Law. [REVIEW]Jaap Hage - 2011 - Artificial Intelligence and Law 19 (1):23-48.
    This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. Because juridical acts will be analyzed as intentional changes in the world of law, the ‘furniture’ of this world, that consists broadly speaking of entities, facts and rules, plays a central role in the analysis. This first part of the paper deals with this furniture and its (...)
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  21.  15
    A Model of Juridical Acts: Part 2: The Operation of Juridical Acts. [REVIEW]Jaap Hage - 2011 - Artificial Intelligence and Law 19 (1):49-73.
    This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. This second part of the paper deals in some detail with the operation of juridical acts. Topics dealt with include: power and competence, capacity, form requirements, partial validity, avoidance and representation.
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  22.  17
    Apropos of A Treatise of Legal Philosophy and General Jurisprudence: Volume 5.Jaap Hage - 2007 - Ratio Juris 20 (3):432-441.
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  23.  19
    Book Review. [REVIEW]Jaap Hage - 1993 - Artificial Intelligence and Law 2 (4):315-323.
  24. Dick WP Ruiter. Institutional Legal Facts: Legal Powers and Their Effects.Jaap Hage - 1999 - Artificial Intelligence and Law 7 (4):377-385.
  25.  14
    Elusive Normativity.Jaap Hage - 2011 - Netherlands Journal of Legal Philosophy 40 (2):146-168.
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  26. Legal Transactions and the Legal Ought.Jaap Hage - 2011 - In Jerzy Stelmach & Bartosz Brożek (eds.), The Normativity of Law. Copernicus Center Press.
  27. Of Norms.Jaap Hage - 2018 - In Colin Aitken, Amalia Amaya, Kevin D. Ashley, Carla Bagnoli, Giorgio Bongiovanni, Bartosz Brożek, Cristiano Castelfranchi, Samuele Chilovi, Marcello Di Bello, Jaap Hage, Kenneth Einar Himma, Lewis A. Kornhauser, Emiliano Lorini, Fabrizio Macagno, Andrei Marmor, J. J. Moreso, Veronica Rodriguez-Blanco, Antonino Rotolo, Giovanni Sartor, Burkhard Schafer, Chiara Valentini, Bart Verheij, Douglas Walton & Wojciech Załuski (eds.), Handbook of Legal Reasoning and Argumentation. Springer Verlag. pp. 103-138.
    This contribution elaborates the idea that norms are rules that lead to deontic consequences. Rules are one kind of constraints on possible worlds. They determine which facts necessarily go together or cannot go together. Three kinds of rules are distinguished: dynamic rules which attach consequences to the occurrence of events, fact-to-fact rules which attach one fact to the presence of some other fact, and counts-as rules, which make that some things also count as something else. Deontic facts are facts that (...)
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  28.  10
    Preface.Jaap Hage - 2003 - Artificial Intelligence and Law 11 (2-3):77-79.
    The paper consists of three parts. In the first part five kinds of defeasibility are distinguished that is ontological, conceptual, epistemic, justification and logical defeasibility. In the second part it is argued that from these, justification defeat is the phenomenon that plays a role in legal reasoning. In the third part, the view is defended that non-monotonic logics are not necessary to model justification defeat, but that they are so to speak the natural way to model this phenomenon.
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  29.  5
    Recht Als Sociaal Feit En Recht Als Praktische Rede.Jaap Hage - 2009 - Netherlands Journal of Legal Philosophy 38 (1):27-36.
    Brouwer argued against a vision of the law in which moral considerations partly determine the contents of the law. He did this for moral reasons, mainly because of the uncertainty such a vision would cause. This seems a strange view because it means that the nature of the law would depend on moral considerations concerning legal certainty. Most of the present paper is devoted to exploring two conceptions of the law, law as social fact and law as practical reason. It (...)
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  30.  1
    Rule Consistency.Jaap Hage - 2000 - Law and Philosophy 19 (3):369-390.
    This paper develops the theory that a set of rules is consistent if it is not possible that the conditions of the rules in the set are all satisfied, there is no exception to either one of the rules, and the consequences of the rules are incompatible. To this purpose the notion of consistency is generalised to make it cover rules and is relativised to some background of constraints. This theory is formalised by means of Rule Logic, in which rules (...)
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  31. 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.
  32.  3
    Review of Feteris, Eveline T. Fundamentals of Legal Argumentation. A Survey of Theories on the Justification of Judicial Decisions. [REVIEW]Jaap Hage - 2018 - Journal of Argumentation in Context 7 (3):352-354.
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  33. Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic.Jaap C. Hage - 2000 - Studia Logica 65 (2):285-287.
     
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  34.  46
    Stefano Bertea George Pavlakos (Eds.), New Essays on the Normativity of Law.Jaap Hage - 2012 - Netherlands Journal of Legal Philosophy 41 (2):177.
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  35.  4
    Ter herinnering aan Bob Brouwer, een introductie.Jaap Hage - 2009 - Netherlands Journal of Legal Philosophy 38 (1):3-4.
    In an editorial article the editors supply a commentary on the topics covered in the journal.
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  36.  1
    The Limited Function of Hermeneutics in Law.Jaap Hage - 2019 - In David Duarte, Pedro Moniz Lopes & Jorge Silva Sampaio (eds.), Legal Interpretation and Scientific Knowledge. Springer Verlag. pp. 1-11.
    My main claim in this article is that lawyers should make less use of the hermeneutical method than they do. The reasons that I will adduce to support this claim are the following: law is first and foremost an answer to the question of how to act and, more in particular, the question of which rules to enforce by collective means. As such, law does not coincide with positive law. Nevertheless, positive law determines the content of the law to a (...)
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  37. What Is Legal Validity? Lessons From Soft Law.Jaap Hage - 2018 - In Anne Mackor, Stephan Kirste, Jaap Hage & Pauline Westerman (eds.), Legal Validity and Soft Law. Springer Verlag.
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  38.  20
    Legal Validity and Soft Law.Anne Mackor, Stephan Kirste, Jaap Hage & Pauline Westerman (eds.) - 2018 - Springer Verlag.
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