Results for 'legal reasoning'

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  1.  10
    Legal Reasoning.Edwina L. Rissland - 1998 - In George Graham & William Bechtel (eds.), A Companion to Cognitive Science. Blackwell. pp. 722–733.
    Legal reasoning is an engaging field for cognitive science, since it raises so many fundamental questions, such as the representation and evolution of complex concepts. This article focuses on aspects of legal reasoning that require reasoning with cases, often in concert with other modes of reasoning.
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  2.  16
    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 (...)
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  3. Legal Reason: The Use of Analogy in Legal Argument.Lloyd L. Weinreb - 2005 - 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 (...)
     
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  4.  25
    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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  5.  33
    Legal Reasons, Legal Desert, Legal Culpability: Reply to Guerrero, Kelly and Mendlow.Gideon Yaffe - 2020 - The Journal of Ethics 24 (3):295-306.
    This is a reply to Alex Guerrero’s, Erin Kelly’s and Gabe Mendlow’s commentaries on Gideon Yaffe’s The Age of Culpability: Children and the Nature of Criminal Responsibility. The reply focuses on their objections concerning the nature of legal reasons, desert, and the political arrangements that make a difference to criminal culpability.
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  6.  29
    Public Legal Reason.Lawrence B. Solum - unknown
    This essay develops an ideal of public legal reason--a normative theory of legal reasons that is appropriate for a society characterized by religious and moral pluralism. One of the implications of this theory is that normative theorizing about public and private law should eschew reliance on the deep premises of deontology or consequentialism and should instead rely on what the author calls public values--values that can be affirmed without relying on the deep and controversial premises of particular comprehensive (...)
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  7.  41
    Legal Reasoning as a Special Case of Moral Reasoning.Aleksander Peczenik - 1988 - Ratio Juris 1 (2):123-136.
    Moral statements are related to some ought‐ and good‐making facts. If at least one of these facts exists then it is reasonable that an action in question is prima facie good and obligatory. If all of these facts take place, then it is reasonable that the action is definitively good and obligatory. Yet, moral reasoning is relatively uncertain. The law is more “fixed”. Legal interpretatory statements ought to express a compromise between the literal sense of the law and (...)
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  8.  9
    Legal reasoning.Aulis Aarnio & Neil MacCormick (eds.) - 1958 - New York, NY: New York University Press, Reference Collection.
    This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
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  9.  58
    A model of legal reasoning with cases incorporating theories and values.Trevor Bench-Capon & Giovanni Sartor - 2003 - Artificial Intelligence 150 (1-2):97-143.
    Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning. In this paper we put forward a formal model of reasoning with cases which captures many of the insights from that previous work. We begin by stating our view of reasoning with cases as a process of constructing, evaluating and applying a theory. Central to our model is a view of the relationship between (...)
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  10.  27
    Legal Reasoning and Legal Theory Revisited.Fernando Atria - 1999 - Law and Philosophy 18 (5):537-577.
    This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal (...) that satisfies those requirements is highly implausible, and tries to show that this is the reason why not only Hart, but also writers like Neil MacCormick and Joseph Raz have failed to offer a theory of legal reasoning that is compatible with legal positivism as a theory of law. They have faced a choice between an explanation of legal reasoning that is incompatible with the core of legal positivism or else strangely sceptical, insofar as it severs the link between general rules and particular decisions that purport to apply them. (shrink)
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  11.  18
    Legal Reasoning and Political Conflict.Cass R. Sunstein (ed.) - 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 (...)
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  12.  92
    Rights, Legal Reasoning and Rational Discourse.Robert Alexy - 1992 - Ratio Juris 5 (2):143-152.
    The first part of this article contains an analysis of the concept of a right, which implies a rational structure of reasoning about rights, elaborated in the second part. In the third part both the concept of a right and reasoning about rights are connected with the theory of rational discourse. The author's thesis is that there exists an internal relation between the theory of rights and the theory of legal reasoning.
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  13.  30
    Demystifying Legal Reasoning.Larry Alexander & Emily Sherwin (eds.) - 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 (...)
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  14.  15
    Evidential legal reasoning: crossing civil law and common law traditions.Jordi Ferrer Beltrán & Carmen Vázquez Rojas (eds.) - 2020 - New York, NY: Cambridge University Press.
    The First World Congress on Evidential Legal Reasoning, organised by the Legal Culture Chair of the University of Girona, was held between June 6 and 8, 2018. The Congress was attended by 350 participants and featured 18 speakers from four continents. The three days of formal and informal presentations and discussions yielded excellent results, strengthening the interrelation between the legal communities and specialists of different traditions. The 18 papers from the Congress, reviewed by their authors based (...)
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  15.  14
    Legal Reasoning and Argumentation.Douglas Walton - 2011 - 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. Dordrecht, Netherland: Springer Verlag. pp. 47-75.
    Wigmore thought that there was a science of proof underlying legal reasoning that could be displayed in any given case as a graphic sequence of argumentation from the evidence in the case leading to the ultimate probandum. Argumentation technology has now vindicated this approach by providing useful qualitative methods that can be applied to identifying, analyzing, and evaluating the pro and con arguments put forward by both sides in a trial. In this chapter, it is shown how to (...)
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  16. On Universal Relevance in Legal Reasoning.Barbara Levenbook - 1984 - Law and Philosophy 3:1-23.
    The purpose of this essay is to defend a claim that a certain consideration, which I call unworkability, is universally and necessarily relevant to legal reasoning. By that I mean that it is a consideration that must carry legal weight in the justification of some judicial decisions in every legal system in which (1) all disputed matters of law can be adjudicated, and (2) all judicial decisions are to be legally justified. Unworkability's necessary relevance has important (...)
     
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  17.  34
    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 (...)
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  18.  40
    Legal Reasoning: Arguments from Comparison.Thomas Coendet - 2016 - Archiv Fuer Rechts Und Sozialphilosphie 102 (4):476-507.
    Referring to foreign legal systems for the sake of producing a convincing judicial argument has been a custom in judicial decision-making for more than a century. However, a generally accepted theoretical framework for this kind of reasoning is yet to be established. The article suggests that such a framework must answer at least the following three fundamental questions: first, what is the normative relationship, as a matter of principle, between domestic and foreign law?; second, what is the primary (...)
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  19.  58
    Legal reasoning and legal theory.Neil MacCormick (ed.) - 1978 - New York: Oxford University Press.
    This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature.
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  20. Legal reasons and upgrading reasons.Horacio Spector - 2018 - In Kenneth Einar Himma, Miodrag A. Jovanović & Bojan Spaić (eds.), Unpacking Normativity - Conceptual, Normative and Descriptive Issues. New York: Hart Publishing.
     
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  21.  35
    Legal reasoning, good citizens, and the criminal law.Antony Duff - 2018 - Jurisprudence 9 (1):120-131.
    I discuss some of the roles that lay people play in relation to the criminal law, and how that law should figure in their practical reasoning: this will also cast light on the place of criminal law in a democratic republic. The two roles discussed in this paper are those of citizen, and juror. Citizens should be able to respect the law as their law – as a common law; but this must be a critical respect, captured in the (...)
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  22.  11
    The legal reasoning of the president’s right to issue pardons.Besa Arifi - 2017 - Seeu Review 12 (2):32-61.
    Presidential pardon has always existed in criminal law and continues to constitute a very important competence of the head of state in many modern day countries. In the past, the clemency given by the sovereign represented an act which showed his/her mercy upon their subjects. It was often used as a tool to show the arbitrary will of the sovereign that constituted the law, rather than the law itself. Therefore, the classical school of criminal law that appeared in the 18th (...)
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  23.  28
    Legal Reasoning.Bruce L. Miller - 1985 - Teaching Philosophy 8 (2):167-169.
  24.  36
    Automated legal reasoning with discretion to act using s(LAW).Joaquín Arias, Mar Moreno-Rebato, Jose A. Rodriguez-García & Sascha Ossowski - forthcoming - Artificial Intelligence and Law:1-24.
    Automated legal reasoning and its application in smart contracts and automated decisions are increasingly attracting interest. In this context, ethical and legal concerns make it necessary for automated reasoners to justify in human-understandable terms the advice given. Logic Programming, specially Answer Set Programming, has a rich semantics and has been used to very concisely express complex knowledge. However, modelling discretionality to act and other vague concepts such as ambiguity cannot be expressed in top-down execution models based on (...)
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  25. Legal reasoning and legal theory revisited.Fernando Atria - 1999 - Law and Philosophy 18 (5):537-577.
    This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal (...) that satisfies those requirements is highly implausible, and tries to show that this is the reason why not only Hart, but also writers like Neil MacCormick and Joseph Raz have failed to offer a theory of legal reasoning that is compatible with legal positivism as a theory of law. They have faced a choice between an explanation of legal reasoning that is incompatible with the core of legal positivism or else strangely sceptical, insofar as it severs the link between general rules and particular decisions that purport to apply them. (shrink)
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  26. Legal Reasoning After Post-Modern Critiques of Reason [Note 1].Peter Suber - unknown
    These critiques and the ways of thinking made possible in their wake tend to be called post-modern, a term which is vague and even a little irritating. It would be more precise and descriptive to speak instead of post- Enlightenment critiques of reason. Hume is arguably the first post-Enlightenment thinker, and after Hume these critiques of reason developed further in Hegel, Marx, Kierkegaard, and Nietzsche, and were then taken up by many lesser, 20th century thinkers. If the Enlightenment was the (...)
     
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  27. Legal Reasoning and Value Ambivalence.E. E. Dais - 1971 - Logique Et Analyse 14 (53):21.
     
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  28.  16
    On legal reasoning.Aulis Aarnio - 1977 - Turku [Finland]: Turun Yliopisto.
  29.  1
    Annotated insights into legal reasoning: A dataset of Article 6 ECHR cases.Jack Mumford, Katie Atkinson & Trevor Bench-Capon - 2024 - Argument and Computation:1-7.
    We present a novel annotated dataset of legal cases pertaining to Article 6 – the right to a fair trial – of the European Convention on Human Rights (ECHR). This dataset will serve as a useful resource to the research community, to assist in the training and evaluation of AI systems designed to embody the legal reasoning involved in determining the appropriate legal outcome from a description of the case material. The annotations were applied to provide (...)
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  30. 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 (...)
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  31.  17
    Legal reasoning models.C. Hafner - 2001 - In Neil J. Smelser & Paul B. Baltes (eds.), International Encyclopedia of the Social and Behavioral Sciences. Elsevier.
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  32.  10
    On Legal Reasoning as Practical Reasoning.Aulis Aarnio - 1987 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 3 (1-2):97-107.
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  33.  59
    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.) - 2011 - Dordrecht, Netherland: Springer Verlag.
    This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application (...)
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  34. Legal reasons: Between universalism and particularism.María Redondo - 2005 - Journal of Moral Philosophy 2 (1):47-68.
    The first part of this work analyses the universalist and the particularist conceptions of reasons. The second part projects this analysis to the legal domain. The author stresses that universalism and particularism regarding reasons are mutually exclusive theories linked to incompatible conceptions of norms, i.e. norms as strict universal conditionals and norms as defeasible conditionals. In giving an account of this tenet, different meanings of universality and defeasibility are explored. A parallel debate regarding reasons can be found in the (...)
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  35.  77
    On legal reasoning as practical reasoning.Aulis Aarnio - 1987 - Theoria 3 (1):97-107.
  36. Fictions in legal reasoning.Manish Oza - 2022 - Dialogue 61 (3):451-463.
    A legal fiction is a knowingly false assumption that is given effect in a legal proceeding and that participants are not permitted to disprove. I offer a semantic pretence theory that shows how fiction-involving legal reasoning works.
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  37.  10
    European Legal Reasoning: a coherence-based Approach.Michael W. Schröter - 2006 - Archiv für Rechts- und Sozialphilosophie 92 (1):82-92.
    The power to integrate of the European Union (EU) is after all interlinked to the ability of approximating the different law systems of the member states. On the other side the EU-Treaty stipulates the respect of the national identities of even those states as a core principle (Art. 6 para. 3). Thus a rational manner of law approximation is needed which is sensitive to the law-cultural particularities of the member states. The article tries to develop a coherence-based approach of (...) reasoning, which gets the sensitivity looked for by applying the method of comparative law. While differentiating between a horizontal (EU) and a vertical (member states) coherence the method of comparative law can identify meeting points of EU- and member state law. This will, eventually, be demonstrated at the decision of the European Court of Justice (ECJ) in the case of Simone Leitner vs. TUI Germany. (shrink)
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  38. Legal reasoning.Phoebe C. Ellsworth - 2005 - In K. Holyoak & B. Morrison (eds.), The Cambridge handbook of thinking and reasoning. Cambridge, England: Cambridge University Press. pp. 685--704.
  39.  51
    Legal Reasoning and Legal Theory.Neil MacCormick - 1978 - New York: 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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  40.  18
    Handbook of Legal Reasoning and Argumentation.Giorgio Bongiovanni, Gerald Postema, Antonino Rotolo, Giovanni Sartor, Chiara Valentini & Douglas Walton (eds.) - 2011 - Dordrecht, Netherland: Springer.
    This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application (...)
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  41.  54
    Legal reasoning with subjective logic.Audun Jøsang & Viggo A. Bondi - 2000 - Artificial Intelligence and Law 8 (4):289-315.
    Judges and jurors must make decisions in an environment of ignoranceand uncertainty for example by hearing statements of possibly unreliable ordishonest witnesses, assessing possibly doubtful or irrelevantevidence, and enduring attempts by the opponents to manipulate thejudge''s and the jurors'' perceptions and feelings. Three importantaspects of decision making in this environment are the quantificationof sufficient proof, the weighing of pieces of evidence, and therelevancy of evidence. This paper proposes a mathematical frameworkfor dealing with the two first aspects, namely the quantification ofproof (...)
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  42.  45
    Might there be legal reasons?Richard Paul Hamilton - 2004 - Res Publica 10 (4):425-447.
    In this paper, I consider and question an influential position in Anglo-American philosophy of action which suggests that reasons for action must be internal, in other words that statements about reasons for actions must make reference to some fact or set of facts about the agent and her desires. I do so by asking whether legal requirements could be considered as reasons for actions and if in so considering them one must translate statements about legal requirements into statements (...)
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  43.  22
    Legal Reasoning and Legal Theory.Michael Clark - 1980 - Philosophical Books 21 (3):162-164.
  44.  59
    Analogy Exercises for Teaching Legal Reasoning.Peter Suber - unknown
    Legal reasoning is not the same as the reasoning in mathematics or the physical sciences. It is like them. Specifying the likeness in more detail, and deciding whether there is more likeness than unlikeness, are the kinds of tasks that legal reasoning is better adapted to do than mathematical or scientific reasoning.
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  45. Legal Reasoning and the institutional Theory of Law.Neil MacCormick - 1994 - Rechtstheorie. Beiheft 14:117-139.
  46.  5
    Conditionals and Legal Reasoning.Shahid Rahman & Adjoua Bernadette Dango - 2017 - Nunya. Philosophie, Patrimoine Scientifique Et Technique 5.
    The main aim of this paper is to study the notion of conditional right by means of a dialogical approach to constructive type theory (CTT). We will develop this idea in a framework where the distinction between local-reason and strategic-reason leads to the further distinction between two basic kinds of pieces of evidence, factual and logical. The present paper is based on Rahman (2015). However, though the underlying CTT-analysis is the same, the dialogical reconstruction makes use of a new way (...)
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  47.  8
    Conditionals and Legal Reasoning. Elements of a Logic of Law.Shahid Rahman & Bernadette Dango - unknown
    The main aim of this paper is to study the notion of conditional right by means of constructive type theory (CTT) which provides the means to develop a system of contentual inferences rather than of syntactic derivations. Moreover, in line with Armgardt, we will first study the general notion of dependence as triggered by hypotheticals and then the logical structure of dependence specific to conditional right. I will develop this idea in a dialogical framework where the distinction between play-object and (...)
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  48.  25
    Legal Reasoning for Hedgehogs.Grant Lamond - 2017 - Ratio Juris 30 (4):507-521.
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  49. Defeasibility in legal reasoning.Giovanni Sartor - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford, U.K.: Oxford University Press.
     
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  50.  64
    Legal Reasoning and Practical Reason.Neil MacCormick - 1982 - Midwest Studies in Philosophy 7 (1):271-286.
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