The phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will (...) show that from an interpretative standpoint, there is nothing special about legal defeasibility. Contrary to what some authors maintain, no unique or privileged source of legal defeasibility exists, nor are there privileged arguments to justify it. Specifically, legal defeasibility refers to interpretative outcomes deriving from interpretative arguments that, on the one hand, are very different from one another, and, on the other, are often employed to justify different interpretative outcomes. In the legal field, the problems related to defeasibility have little in common with the problems that this label covers in other areas—such as logic or epistemology—and they are nothing but the well-known problems related to legal interpretation. In conclusion, this paper argues that as far as legal argumentation is concerned, the notion of legal defeasibility lacks explanatory power, and it should be abandoned. (shrink)

Over the course of more than two millennia the philosophical school of Mīmāṃsā has thoroughly analyzed normative statements. In this paper we approach a formalization of the deontic system which is applied but never explicitly discussed in Mīmāṃsā to resolve conflicts between deontic statements by giving preference to the more specific ones. We first extend with prohibitions and recommendations the non-normal deontic logic extracted in Ciabattoni et al. from Mīmāṃsā texts, obtaining a multimodal dyadic version of the deontic logic \. (...) Sequent calculus is then used to close a set of prima-facie injunctions under a restricted form of monotonicity, using specificity to avoid conflicts. We establish decidability and complexity results, and investigate the potential use of the resulting system for Mīmāṃsā philosophy and, more generally, for the formal interpretation of normative statements. (shrink)

Languages involving modalities and languages involving vagueness have each been thoroughly studied. On the other hand, virtually nothing has been said about the interaction of modality and vagueness. This paper aims to start filling that gap. Section 1 is a discussion of various possible sources of vague modality. Section 2 puts forward a model theory for a quantified language with operators for modality and vagueness. The model theory is followed by a discussion of the resulting logic. In Section 3, the (...) framework will permit us to address a puzzle raised by Elizabeth Barnes and Robert Williams. (shrink)

This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. Because juridical acts will be analyzed as intentional changes in the world of law, the ‘furniture’ of this world, that consists broadly speaking of entities, facts and rules, plays a central role in the analysis. This first part of the paper deals with this furniture and its (...) philosophical underpinnings, and at the same time introduces most of the logical apparatus that will be used to deal with it. The focus in the first part is on static and dynamic legal rules and their interplay in constituting the world of law. (shrink)

While defeasibility in legal reasoning has been the subject of recent scholarship, it has yet to be studied in the context of judicial opinion. Yet, being subject to appeal, judicial decisions can default for a variety of reasons. Prakken (2001) argued that the defeasibility affecting reasoning involved in adversarial legal argumentation is best analysed as procedural rather than logical. In this paper we argue that the defeasibility of ratio decendi is similarly best explained and modeled in a procedural and dialectical (...) framework. We propose that appeals are best understood as meta-dialogues about the reasoned dialogue occurring in the initial trial. (shrink)