The Three Faces of Defeasibility in the Law

Ratio Juris 17 (1):118-139 (2004)
  Copy   BIBTEX

Abstract

In this paper we will analyse the issue of defeasibility in the law, taking into account research carried out in philosophy, artificial intelligence and legal theory. We will adopt a very general idea of legal defeasibility, in which we will include all different ways in which certain legal conclusions may need to be abandoned, though no mistake was made in deriving them. We will argue that defeasibility in the law involves three different aspects, which we will call inference‐based defeasibility, process‐based defeasibility, and theory‐based defeasibility. Only the integration of these three perspectives allows us to provide a satisfactory account of the role of defeasibility in legal reasoning.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,075

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Defeasibility in legal reasoning.Giovanni Sartor - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
Modelling Defeasibility in Law: Logic or Procedure?Henry Prakken - 2001 - Fundamenta Informaticae 48 (2-3):253-271.
Is defeasibility an essential property of law?Frederick Schauer - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
Law and defeasibility.Jaap Hage - 2003 - Artificial Intelligence and Law 11 (2-3):221-243.
Legal defeasibility and the connection between law and morality.José Juan Moreso - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
Defeasibility and legality : a survey.Jordi Ferrer Beltrán & Giovanni Battista Ratti - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
Defeasibility of legal reasoning.Bartosz Brożek - 2004 - Kraków: Kantor Wydawniczy "Zakamycze".
Editors' introduction.Henry Prakken & Giovanni Sartor - 1996 - Artificial Intelligence and Law 4 (3-4):157-161.
Review of Jaap Hage's law and defeasibility. [REVIEW]Eugenio Bulygin - 2003 - Artificial Intelligence and Law 11 (2-3):245-250.
Defeasibility and open texture.Brian H. Bix - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
Defeasibility and adjudication.Richard H. S. Tur - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
Defeasibility, axiological gaps, and interpretation.Riccardo Guastini - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.

Analytics

Added to PP
2010-09-11

Downloads
90 (#189,963)

6 months
19 (#136,048)

Historical graph of downloads
How can I increase my downloads?

References found in this work

The Structure of Scientific Revolutions.Thomas S. Kuhn - 1962 - Chicago, IL: University of Chicago Press. Edited by Ian Hacking.
The Structure of Scientific Revolutions.Thomas Samuel Kuhn - 1962 - Chicago: University of Chicago Press. Edited by Otto Neurath.
The logic of scientific discovery.Karl Raimund Popper - 1934 - New York: Routledge. Edited by Hutchinson Publishing Group.
Theory of knowledge.Roderick M. Chisholm - 1966 - Englewood Cliffs, N.J.,: Prentice-Hall.

View all 55 references / Add more references