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Jurisprudence

Ethics 51 (4):480-481 (1941)

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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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  • Positive law as an ethic: Illustrations of the ascent of positive law to ethical status in the commercial sector. [REVIEW]Bruce D. Fisher - 2000 - Journal of Business Ethics 25 (2):115 - 127.
    This article begins with four situations, the first three of which are common to many businesspeople and persons in the United States today and the fourth, unfortunately, is growing: Setting the minimum level at which workers are paid; going bankrupt to avoid paying for credit card purchases, claiming a questionable deduction in calculating one's federal income tax liability, and violating the law in every state by a major U.S. corporation.These cases support the idea that positive law is the operative ethic (...)
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