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Jurisprudence: the philosophy and method of the law

Cambridge: Harvard University Press (1962)

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  1. A computational model of ratio decidendi.L. Karl Branting - 1993 - Artificial Intelligence and Law 2 (1):1-31.
    This paper proposes a model ofratio decidendi as a justification structure consisting of a series of reasoning steps, some of which relate abstract predicates to other abstract predicates and some of which relate abstract predicates to specific facts. This model satisfies an important set of characteristics ofratio decidendi identified from the jurisprudential literature. In particular, the model shows how the theory under which a case is decided controls its precedential effect. By contrast, a purely exemplar-based model ofratio decidendi fails to (...)
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  • Law as a Bridge Between Is and Ought.Edgar Bodenheimer - 1988 - Ratio Juris 1 (2):137-153.
    Law has variously been described as part of empirical social reality or as a set of normative prescriptions defining desirable conduct. The author takes the view that a legal system normally represents an amalgam of “is” and “ought” elements. It is operative in part as a living law of actual human conduct, in another part as an instrumentality for transforming unfulfilled social ideals or goals into reality. A different blending of “is” and “ought” factors often occurs in the judicial process, (...)
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