Contents
1155 found
Order:
1 — 50 / 1155
Material to categorize
  1. The practical dimension of legal reasoning.Stephen Waddams - 2016 - In Maksymilian Del Mar & Michael Lobban (eds.), Law in theory and history: new essays on a neglected dialogue. Portland, Oregon: Hart Publishing.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  2. Legal evidence and knowledge.Georgi Gardiner - 2019 - In Maria Lasonen-Aarnio & Clayton Littlejohn (eds.), The Routledge Handbook of the Philosophy of Evidence. Routledge.
    This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not suffice for legal (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   4 citations  
  3. Ascriptivism, Norms, and Negligence.Sebastián Figueroa Rubio - 2024 - In David Shoemaker, Santiago Amaya & Manuel Vargas (eds.), Oxford Studies in Agency and Responsibility Volume 8: Non-Ideal Agency and Responsibility. Oxford University Press. pp. 126-148.
    The present work deals with the problem that negligence poses for the relationship between agency and responsibility, that is, it is not possible to establish a sharp connection between the agent’s guilty mind and the wrongful situation. A critical examination of the various strategies that attempt to deal with this problem is presented, and an ascriptivist conception of action and responsibility, as well as the distinction between conduct rules and imputation rules, is developed to address the problem. As a result, (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  4. Jury Nullification: The Jurisprudence of Jurors' Privilege.Travis Hreno - 2024 - Cambridge: Ethics International Press.
    Jury nullification, in its simplest definition, occurs when a jury returns a not guilty verdict for a defendant it believes to be legally guilty of the crime charged. To put this explicitly, a jury nullifies when, despite believing both a) that the defendant did, beyond a reasonable doubt, commit the act/omission in question, and b) that such behavior is, in fact, prohibited by law, nevertheless declares the defendant innocent. This book explores the specifically philosophical aspects of the phenomenon. Is jury (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  5. Scientific Models of Legal Reasoning: Economics, Artificial Intelligence, and the Physical Sciences.Scott Brewer - 1998 - Routledge.
    This volume traces the modern critical and performance history of this play, one of Shakespeare's most-loved and most-performed comedies. The essay focus on such modern concerns as feminism, deconstruction, textual theory, and queer theory.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  6. A Pluralistic Virtue‐Centered Theory of Judging.Gregory Bassham & Olivia Ostrowski - 2022 - Ratio Juris 35 (1):3-20.
    Ratio Juris, Volume 35, Issue 1, Page 3-20, March 2022.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  7. Escepticismo ante las reglas y pedigree democrático de la dificultad contramayoritaria.Sebastián Reyes Molina - 2021 - DOXA 1 (44):219-232.
    The counter majoritarian difficulty is one of the main objections against the judicial review. In this paper, this objection is analyzed from the standpoint of the norm formulation/norm distinction. By stressing the distinc- tion between norm formulations and norms, I claim that when judicial review prevents the application of a norm to an individual case the counter majoritarian difficulty objection does not hold.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  8. Sobre derecho y averiguación de la verdad.Sebastián Reyes Molina - 2017 - DOXA 1 (40):317-336.
    In the field of Evidence Law the relation between truth and law has been a somewhat non- debated topic in the past years. It is a given that such a connection exists and, it is understood as the notion of the ascertainment of the truth of disputed questions of fact through legal evidence. The thesis that I have reconstructed in this paper has been presented by Prof. Jordi Ferrer who grounds the connection between truth and law in the role of (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  9. Evidential Legal Reasoning: Crossing Civil Law and Common Law Traditions.Jordi Ferrer Beltrán & Carmen Vázquez (eds.) - 2020 - New York, NY: Cambridge University Press.
    This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  10. Legal Philosophy and the Study of Legal Reasoning.Torben Spaak - 2021 - Belgrade Law Review 69 (4).
    In this short paper, I argue that legal philosophers ought to focus more than they have done so far on problems of legal reasoning. Not only is this a field with many philosophically interesting questions to consider, but it is also, in my estimation, the field in which legal philosophers can contribute the most to both the study and the practice of law. For even though reasoning and interpretation are at the center of what legal practitioners and legal scholars do, (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  11. Does legal epistemology rest on a mistake? On fetishism, two‐tier system design, and conscientious fact‐finding.David Enoch, Talia Fisher & Levi Spectre - 2021 - Philosophical Issues 31 (1):85-103.
    Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  12. Objective Intentionalism and Disagreement.David Tan - 2021 - Legal Theory 27 (4):316-351.
    Intentionalist theories of legal interpretation are often divided between objectivist and subjectivist variants. The former take an interpretation to be correct depending on what the reasonable/rational lawmaker intended or what the reasonable/rational audience thinks they intended. The latter take an interpretation to be correct where the interpretation is what the speaker actually intended. This paper argues that objectivism faces serious problems as it cannot deal with disagreement: Reasonable and rational people can often disagree as to what the interpretation of a (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  13. Justice, Law, and Argument: Essays on Moral and Legal Reasoning.Ch Perelman - 1980 - Dordrecht and Boston: Reidel.
    This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument. The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   29 citations  
  14. Informatics and the Foundations of Legal Reasoning.Zenon Bankowski, Ian White & Ulrike Hahn (eds.) - 1995 - Dordrecht, Netherland: Kluwer Academic Publishers.
    Informatics and the Foundations of Legal Reasoning represents a close collaboration between a wide range of disciplines and countries. Fourteen papers, together with a long analytical introduction by the editors, were selected from the contributions of legal theorists, computer scientists, philosophers and logicians who were members of an International Working Group supported by the European Commission. The Group was mandated to work towards determining how far the law is amenable to formal modeling, and in what ways computers might assist legal (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   5 citations  
  15. How Will I Know? An Epistemology of Lawyering.Emanuel Raul Tucsa - 2021 - Dissertation, York University
    What does anyone know after a trial, after a witness gives testimony, or even after seeking the counsel of a lawyer? Hopefully, the answer to these questions has something to do with the truth. Legal systems claim to have truth-seeking functions. Lawyers have specific roles in the procedures by which legal systems seek the truth and these roles are informed by the norms of legal practice. Yet, lawyers' relationship to truth and knowledge remains underexplored in the philosophy of lawyering. I (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  16. Exclusionary Reasons, Virtuous Motivation, and Legal Authority.Andrew Jordan - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):347-64.
    In this essay, I argue that the role for exclusionary reasons in a sound account of practical rationality is, at most, much more circumscribed than proponents of exclusionary reasons might suppose. Specifically, I argue that an attractive account of moral motivation is in tension with the idea that moral reasons can be excluded. Limiting ourselves to the tools of first order moral reasons—including such relations as outweighing, and disabling—allows us to preserve a more attractive account of the relationship between what (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  17. Proportionality as procedure: Strengthening the legitimate authority of the UN Committee on Economic, Social and Cultural Rights.Antoinette Scherz & Alain Zysset - 2021 - Global Constitutionalism 10 (3):524-546.
    The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  18. Virtue, Emotion and Imagination in Law and Legal Reasoning.Amalia Amaya & Maksymilian Del Mar (eds.) - 2020 - Chicago: Hart Publishing.
    What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  19. Arguments and Stories in Legal Reasoning.Gianluca Andresani & Tony Ward - 2020 - Archiv für Rechts- und Sozialphilosophie 106 (1):75-90.
    We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies, has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices and then illustrate the implications of such an approach through the analysis of a case study in the English law of evidence. (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  20. Finding Written Law.Benjamin L. S. Nelson - manuscript
    In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  21. El lugar de la lógica en el razonamiento jurídico.Miguel Garcia-Godinez - 2019 - In Gerardo Ramirez & Manuel Jimenez (eds.), Ensayos de retórica jurídica. Mexico City, CDMX, Mexico: pp. 171-180.
  22. Asimetría constitucional y los límites del balanceo. Una nota crítica a la postura de Matthias Klatt.Miguel Garcia-Godinez - forthcoming - In Diana Gonzalez & Ruben Sanchez (eds.), El test de proporcionalidad, convergencias y divergencias.
  23. Bentham: Our Contemporary?Gianluca Andresani & Natalina Stamile - 2020 - Revista da Faculdade de Direito UFPR 65 (3):173-189.
    This article aims to evaluate the contribution of Bentham’s ideas to the jurisprudential debate in view of their relevance vis a vis their contemporary reception. The focus is on Bentham’s revolutionary idea of publicity with its spill-over effects on contemporary debates on the rule of law and accountable and transparent governance. As far as the method is concerned, after having examined Bentham’s ideas on the rule of law and the debate they raised, the focus in the second section of this (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  24. Precedent, Rules and the Standard Picture.David Tan - 2016 - Australian Journal of Legal Philosophy 41:81-115.
    In 'The Standard Picture and its Discontents', Mark Greenberg remarks that the typical way that legal theorists think about legal obligations does not sit well with the way the common law works. I argue that Alexander's and Sherwin’s Rule Model of precedent can deal with all the problems that Greenberg accuses the Standard Picture of having. Nonetheless, I further argue that combining the Standard Picture and the Rule Model ultimately leads to another problem: the inability of the Standard Picture – (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  25. Rebooting the new evidence scholarship.John R. Welch - 2020 - International Journal of Evidence and Proof 24 (4):351-373.
    The new evidence scholarship addresses three distinct approaches: legal probabilism, Bayesian decision theory and relative plausibility theory. Each has major insights to offer, but none seems satisfactory as it stands. This paper proposes that relative plausibility theory be modified in two substantial ways. The first is by defining its key concept of plausibility, hitherto treated as primitive, by generalising the standard axioms of probability. The second is by complementing the descriptive component of the theory with a normative decision theory adapted (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  26. Varieties of Risk.Philip A. Ebert, Martin Smith & Ian Durbach - 2020 - Philosophy and Phenomenological Research 101 (2):432-455.
    The notion of risk plays a central role in economics, finance, health, psychology, law and elsewhere, and is prevalent in managing challenges and resources in day-to-day life. In recent work, Duncan Pritchard (2015, 2016) has argued against the orthodox probabilistic conception of risk on which the risk of a hypothetical scenario is determined by how probable it is, and in favour of a modal conception on which the risk of a hypothetical scenario is determined by how modally close it is. (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   16 citations  
  27. "Pragmatism and Jewish Thought: Eliezer Berkovits’s Philosophy of Halakhic Fallibility".Nadav Berman S. - 2019 - Journal of Jewish Thought and Philosophy 27 (1):86-135.
    In classical American pragmatism, fallibilism refers to the conception of truth as an ongoing process of improving human knowledge that is nevertheless susceptible to error. This paper traces appearances of fallibilism in Jewish thought in general, and particularly in the halakhic thought of Eliezer Berkovits. Berkovits recognizes the human condition’s persistent mutability, which he sees as characterizing the ongoing effort to interpret and apply halakhah in shifting historical and social contexts as Torat Ḥayyim. In the conclusion of the article, broader (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  28. Probabilistic Knowledge.Sarah Moss - 2018 - Oxford, United Kingdom: Oxford University Press.
    Traditional philosophical discussions of knowledge have focused on the epistemic status of full beliefs. In this book, Moss argues that in addition to full beliefs, credences can constitute knowledge. For instance, your .4 credence that it is raining outside can constitute knowledge, in just the same way that your full beliefs can. In addition, you can know that it might be raining, and that if it is raining then it is probably cloudy, where this knowledge is not knowledge of propositions, (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   138 citations  
  29. Thom Brooks book review of "German Idealism and the Concept of Punishment," by Jean‐Christophe Merle, trans. Joseph J. Kominkiewicz with Jean‐Christophe Merle and Frances Brown. Cambridge: Cambridge University Press, 2009, xv + 207 pp. ISBN 978 0 521 88684 0 hb. [REVIEW]Thom Brooks - 2012 - European Journal of Philosophy 20 (1):179-182.
  30. Ignorance and Semantic Tableaux: Aliseda on Abduction.John Woods - 2009 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 22 (3):305-318.
    This is an examination of similarities and differences between Atocha Aliseda's semantic tableaux analysis of abduction and Dov Gabbay's and the present author's ignorance-preservation model of it. Also discussed is the suitability of these models for the analysis of the logical structure of legal reasoning.
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  31. Review: Seana Valentine Shiffrin, Speech Matters: On Lying, Morality, and the Law. [REVIEW]Mary Kate McGowan - 2016 - Ethics 126 (2):536-541.
  32. The Medicolegal Physical Examination.Elliot L. Sagall - 1980 - Journal of Law, Medicine and Ethics 8 (5):10-12.
  33. It Must Have Been Him: Coherence Effects within the Legal System.Jonathan N. Carbone - unknown
    The present series of studies examine how jurors and public defenders evaluate different pieces of evidence and integrate them into a coherent conclusion within the context of a criminal case. Previous research has shown that in situations where both sides of the case are compelling, decision-makers nevertheless come to highly confident and polarized decisions, called coherence shifts. The present research sought to expand on coherence effects, improve upon the methodology of previous studies, and explore potential moderators of coherence. In Study (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  34. Conflicting evidence and decisions by agency professionals: an experimental test in the context of merger regulation.Bruce Lyons, Gordon Douglas Menzies & Daniel John Zizzo - 2012 - Theory and Decision 73 (3):465-499.
    Many important regulatory decisions are taken by professionals employing limited and conflicting evidence. We conduct an experiment in a merger regulation setting, identifying the role of different standards of proof, volumes of evidence, cost of error and professional or lay decision making. The experiment was conducted on current practitioners from 11 different jurisdictions, in addition to student subjects. Legal standards of proof significantly affect decisions. There are specific differences because of professional judgment, including in how error costs and volume of (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  35. Fa lü luo ji xue.Qi Yong - 2009 - Taibei Shi: Wu nan tu shu chu ban gu fen you xian gong si. Edited by Zhijie Yang.
    本书讲述了逻辑基础知识和有关逻辑知识在法学领域的应用。内容包括概念的一般逻辑知识及其应用、命题的一般特征、性质命题、复合命题、规范命题、推理的概述等等.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  36. D-theories, Discretion, and the Justification of Adjudication.Barbara Baum Levenbook - 1980 - Social Theory and Practice 5 (3-4):331-345.
    This essay challenges Dworkin's account of the virtues and consistency of applying the right answer as given by a certain interpretive theory of local law (hereafter, the D-theory) with democratic theory. D-theory adjudication does not have all the virtues Dworkin claims for it. It may involve judicial law-creation as well, rather than being confined to the discovery of preexisting legal rights. It may also involve any of the morally objectionable features of judicial law-creation, including unfairness. It is not immune to (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  37. Cognitive automata and the law: Electronic contracting and the intentionality of software agents. [REVIEW]Giovanni Sartor - 2009 - Artificial Intelligence and Law 17 (4):253-290.
    I shall argue that software agents can be attributed cognitive states, since their behaviour can be best understood by adopting the intentional stance. These cognitive states are legally relevant when agents are delegated by their users to engage, without users’ review, in choices based on their the agents’ own knowledge. Consequently, both with regard to torts and to contracts, legal rules designed for humans can also be applied to software agents, even though the latter do not have rights and duties (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   8 citations  
  38. The smell of.Wayne R. LaFave - unknown
    This article presents a critical assessment of Herring v. United States, 129 S.Ct. 695 (2009), holding the Fourth Amendment exclusionary rule inapplicable whenever "the error was the result of isolated negligence attenuated from the arrest." The opinion of the Chief Justice for the majority is criticized as (1) falsely claiming that cost/benefit balancing is an established basis for selectively applying the exclusionary rule at a criminal trial because of a police violation of the Fourth Amendment; (2) falsely representing that the (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  39. Myth, magic and mystery: Defending the hidden order of the rule of law.David Barnhizer & Daniel D. Barnhizer - manuscript
    Abandonment of a belief in the objectivity of knowledge, along with the postmodernist assertion that language, truth and power are not only inextricably joined but malleable has left us with a sense of profound uncertainty. This pervasive doubt extends to virtually all realms, including law. The sense of uncertainty causes us to struggle over the application of indeterminate rules written in indeterminate language and applied to indeterminate contexts. At the core of our uncertainty is the fact that once our most (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  40. Ontologies of professional legal knowledge as the basis for intelligent IT support for judges.V. R. Benjamins, J. Contreras, P. Casanovas, M. Ayuso, M. Becue, L. Lemus & C. Urios - 2004 - Artificial Intelligence and Law 12 (4):359-378.
    In this paper, we describe the use of legal ontologies as a basis to improve IT support for professional judges. As opposed to most legal ontologies designed so far, which are mostly based on dogmatic and normative knowledge, we emphasize the importance of professional knowledge and experience as an important pillar for constructing the ontology. We describe an intelligent FAQ system for junior judges that intensively use the ontology.
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  41. H. L. A. Hart and the "open texture" of language.Brian Bix - 1991 - Law and Philosophy 10 (1):51 - 72.
    H. L. A. Hart and the "Open Texture" of Language tries to clarify the writings of both Hart and Friedrich Waismann on "open texture". In Waismann's work, "open texture" referred to the potential vagueness of words under extreme (hypothetical) circumstances. Hart's use of the term was quite different, and his work has been misunderstood because those differences were underestimated. Hart should not be read as basing his argument for judicial discretion on the nature of language; primarily, he was putting forward (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   10 citations  
  42. Legal ontologies in knowledge engineering and information management.Joost Breuker, André Valente & Radboud Winkels - 2004 - Artificial Intelligence and Law 12 (4):241-277.
    In this article we describe two core ontologies of law that specify knowledge that is common to all domains of law. The first one, FOLaw describes and explains dependencies between types of knowledge in legal reasoning; the second one, LRI-Core ontology, captures the main concepts in legal information processing. Although FOLaw has shown to be of high practical value in various applied European ICT projects, its reuse is rather limited as it is rather concerned with the structure of legal reasoning (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  43. Rules and standards in the application of international humanitarian law.Amichai Cohen - unknown
    Many scholars have written about the changes in international humanitarian law in recent years. Many have seen this change in the environment of International humanitarian law as a result of greater application of human rights in this area of law. This article approaches the changes in international humanitarian law from a different perspective, that of law and economics. The main claim in this article is that recent changes in international humanitarian law could be seen as a change from a rule (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  44. Applying the rule of law subjectively: How appellate courts adjudicate.Emmett Collazo - manuscript
    I search for an ability of appellate courts to apply the law. I provide the reader with an intuitive understanding of Kenneth Arrow's Impossibility Theorem, a severe mathematical proof relevant to all decision-making processes. I show its relevance for jurisprudential theory. I show how the proof has been misunderstood and underappreciated in legal thought. I then show why appellate courts cannot apply the law: since appellate courts make decisions through a group of members casting equal votes, appellate interpretations are severely (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  45. How to Speak the Truth.Timothy A. O. Endicott - 2001 - American Journal of Jurisprudence 46 (1):229-248.
    Argues that some important problems in the theory of legal interpretation can be resolved with three techniques that John Finnis used in Natural Law and Natural Rights to address a methodological problem in jurisprudence: (1) The analogy principle: The application of a word such as “friendship” or “law” is not based on a set of features shared by each instance, but is based on similarities of a variety of kinds, seen by the people who use the words as justifying the (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  46. On Hart's ways : law as reason and as fact.John Finnis - 2007 - American Journal of Jurisprudence 52 (1):25-53.
    This address at the Hart Centenary Conference in Cambridge in July 2007 reflects on foundational elements in Hart's method in legal philosophy. It argues that his understanding of what it is to adopt an internal point of view was flawed by (a) inattention to the difference between descriptive history (or biography or detection) and descriptive general theory of human affairs, (b) inattention to practical reason as argument from premises, some factual but others normative (evaluative) in their content, and (c) relative (...)
    Remove from this list   Direct download (8 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  47. Automatic classification of provisions in legislative texts.E. Francesconi & A. Passerini - 2007 - Artificial Intelligence and Law 15 (1):1-17.
    Legislation usually lacks a systematic organization which makes the management and the access to norms a hard problem to face. A more analytic semantic unit of reference (provision) for legislative texts was identified. A model of provisions (provisions types and their arguments) allows to describe the semantics of rules in legislative texts. It can be used to develop advanced semantic-based applications and services on legislation. In this paper an automatic bottom-up strategy to qualify existing legislative texts in terms of provision (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  48. Integrated access to legal literature through automated semantic classification.E. Francesconi & G. Peruginelli - 2009 - Artificial Intelligence and Law 17 (1):31-49.
    Access to legal information and, in particular, to legal literature is examined for the creation of a search and retrieval system for Italian legal literature. The design and implementation of services such as integrated access to a wide range of resources are described, with a particular focus on the importance of exploiting metadata assigned to disparate legal material. The integration of structured repositories and Web documents is the main purpose of the system: it is constructed on the basis of a (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  49. The place of the expert in a democratic society.Jerome Frank - 1949 - Philosophy of Science 16 (1):3-24.
    In their adversely critical attitude towards administrative agencies, many lawyers and judges disclose a distrust of the expert, the specialist. That distrust is curious, for the position of our profession in society rests on the fact that we ourselves are specialists.In the famous colloquy which is said to have occurred about three hundred years ago between King James I and Judge Coke, the King remarked that, if “law was founded upon reason, he and others could reason as well as the (...)
    Remove from this list   Direct download (8 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  50. Abductive reasoning in neural-symbolic systems.Artur S. D’Avila Garcez, Dov M. Gabbay, Oliver Ray & John Woods - 2007 - Topoi 26 (1):37-49.
    Abduction is or subsumes a process of inference. It entertains possible hypotheses and it chooses hypotheses for further scrutiny. There is a large literature on various aspects of non-symbolic, subconscious abduction. There is also a very active research community working on the symbolic (logical) characterisation of abduction, which typically treats it as a form of hypothetico-deductive reasoning. In this paper we start to bridge the gap between the symbolic and sub-symbolic approaches to abduction. We are interested in benefiting from developments (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   2 citations  
1 — 50 / 1155