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  1. Margaret Macdonald on the Definition of Art.Daniel Whiting - 2022 - British Journal for the History of Philosophy 30 (6):1074-1095.
    In this paper, I show that, in a number of publications in the early 1950s, Margaret Macdonald argues that art does not admit of definition, that art is—in the sense associated with Wittgenstein—a family resemblance concept, and that definitions of art are best understood as confused or poorly expressed contributions to art criticism. This package of views is most typically associated with a famous paper by Morris Weitz from 1956. I demonstrate that Macdonald advanced that package prior to Weitz, indeed, (...)
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  • How to Undo (and Redo) Words with Facts: A Semio-enactivist Approach to Law, Space and Experience.Mario Ricca - 2022 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (1):313-367.
    In this essay both the facts/values and facticity/normativity divides are considered from the perspective of global semiotics and with specific regard to the relationships between legal meaning and spatial scope of law’s experience. Through an examination of the inner and genetic projective significance of categorization, I will analyze the semantic dynamics of the descriptive parts comprising legal sentences in order to show the intermingling of factual and axiological/teleological categorizations in the unfolding of legal experience. Subsequently, I will emphasize the translational (...)
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  • Making Sense of Vicarious Responsibility: Moral Philosophy Meets Legal Theory.Daniela Glavaničová & Matteo Pascucci - 2024 - Erkenntnis 89:107-128.
    Vicarious responsibility is a notoriously puzzling notion in normative reasoning. In this article we will explore two fundamental issues, which we will call the “explication problem” and the “justification problem”. The former issue concerns how vicarious responsibility can plausibly be defined in terms of other normative concepts. The latter issue concerns how ascriptions of vicarious responsibility can be justified. We will address these two problems by combining ideas taken from legal theory and moral philosophy. Our analysis will emphasise the importance (...)
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  • Handbook of Argumentation Theory.Frans H. van Eemeren, Bart Garssen, Erik C. W. Krabbe, A. Francisca Snoeck Henkemans, Bart Verheij & Jean H. M. Wagemans - 2014 - Dordrecht, Netherland: Springer.
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  • Free Will in Context.Patrick Grim - 2007 - Behavioral Science and the Law 25:183-201.
    Philosophical work on free will, contemporary as well as historical, is inevitably framed by the problem of free will and determinism. One of my goals in what follows is to give a feel for the main lines of that debate in philosophy today. I will also be outlining a particular perspective on free will. Many working philosophers consider themselves Compatibilists; the perspective outlined, building on a number of arguments in the recent literature, is a contemporary form of such a view. (...)
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  • Defeasible reasoning and informal fallacies.Douglas Walton - 2011 - Synthese 179 (3):377 - 407.
    This paper argues that some traditional fallacies should be considered as reasonable arguments when used as part of a properly conducted dialog. It is shown that argumentation schemes, formal dialog models, and profiles of dialog are useful tools for studying properties of defeasible reasoning and fallacies. It is explained how defeasible reasoning of the most common sort can deteriorate into fallacious argumentation in some instances. Conditions are formulated that can be used as normative tools to judge whether a given defeasible (...)
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  • Legal Time.William Conklin - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):281-322.
    This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. The second (...)
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  • Towards a Balanced Account of Expertise.Christian Quast - 2018 - Social Epistemology 32 (6):397-418.
    The interdisciplinary debate about the nature of expertise often conflates having expertise with either the individual possession of competences or a certain role ascription. In contrast to this, the paper attempts to demonstrate how different dimensions of expertise ascription are inextricably interwoven. As a result, a balanced account of expertise will be proposed that more accurately determines the closer relationship between the expert’s dispositions, their manifestations and the expert’s function. This finally results in an advanced understanding of expertise that views (...)
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  • Legal concepts as inferential nodes and ontological categories.Giovanni Sartor - 2009 - Artificial Intelligence and Law 17 (3):217-251.
    I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from the belief in the concept’s applicability, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, the inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views (...)
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  • The Cognitive Boundaries of Responsibility.Martin Weichold - 2017 - Grazer Philosophische Studien 94 (1-2):226-267.
    This paper poses a new challenge to control-based theories of moral responsibility. Control-based theories – as defended, for instance, by Aristotle and John Martin Fischer – hold that an agent is responsible for an action only if she acted voluntarily and knew what she was doing. However, this paper argues that there is a large class of cases of unreflective behavior of which the following is true: the persons involved did not have the kind of control required by control-based theories, (...)
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  • Criteria, Defeasibility and Rules: Intention and the Principal Aim Argument.Leon Culbertson - 2018 - Sport, Ethics and Philosophy 12 (2):149-161.
    This paper builds on a previous discussion of Stephen Mumford’s rejection of what he takes to be David Best’s argument for a distinction between purposive and aesthetic sports. That discussion concluded that Mumford’s argument misses its target, but closed by introducing a possible alternative argument, not made by Mumford, that might be thought to have the potential to secure Mumford’s conclusion. This paper considers that alternative argument, namely, the thought that the ascription of psychological predicates conceived of in terms of (...)
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  • Expertise: A Practical Explication.Christian Quast - 2018 - Topoi 37 (1):11-27.
    In this paper I will introduce a practical explication for the notion of expertise. At first, I motivate this attempt by taking a look on recent debates which display great disagreement about whether and how to define expertise in the first place. After that I will introduce the methodology of practical explications in the spirit of Edward Craig’s Knowledge and the state of nature along with some conditions of adequacy taken from ordinary and scientific language. This eventually culminates in the (...)
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  • On law and legal reasoning.Fernando Atria Lemaître - 2001 - Portland, Or.: Hart.
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  • Testimony from a Popperian perspective.Antoni Diller - 2008 - Philosophy of the Social Sciences 38 (4):419-456.
    Currently, testimony is studied extensively in Anglo-American philosophy. However, most of this work is done from a justificationist perspective in which philosophers try to justify our reliance on testimony in some way. I agree with Popper that justificationism is radically mistaken. Thus, I construct an account of how we respond to testimony that in no way attempts to justify our reliance on it. This account is not a straightforward exegesis of Popper, as he never tackled testimony systematically. It makes use, (...)
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  • Sanction and obligation in Hart's theory of law.Danny Priel - 2008 - Ratio Juris 21 (3):404-411.
    Abstract. The paper begins by challenging Hart's argument aimed to show that sanctions are not part of the concept of law. It shows that in the "minimal" legal system as understood by Hart, sanctions may be required for keeping the legal system efficacious. I then draw a methodological conclusion from this argument, which challenges the view of Hart (and his followers) that legal philosophy should aim at discovering some general, politically neutral, conceptual truths about law. Instead, the aim should be (...)
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  • Precis of.D. M. Wegner - 2004 - Behavioral and Brain Sciences 27.
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  • (1 other version)Legal reality: A naturalist approach to legal ontology. [REVIEW]Michael S. Moore - 2002 - Law and Philosophy 21 (6):619 - 705.
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  • Defeasible Conditionalization.Paul D. Thorn - 2014 - Journal of Philosophical Logic 43 (2-3):283-302.
    The applicability of Bayesian conditionalization in setting one’s posterior probability for a proposition, α, is limited to cases where the value of a corresponding prior probability, PPRI(α|∧E), is available, where ∧E represents one’s complete body of evidence. In order to extend probability updating to cases where the prior probabilities needed for Bayesian conditionalization are unavailable, I introduce an inference schema, defeasible conditionalization, which allows one to update one’s personal probability in a proposition by conditioning on a proposition that represents a (...)
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  • Law and defeasibility.Jaap Hage - 2003 - Artificial Intelligence and Law 11 (2-3):221-243.
    The paper consists of three parts. In the first part five kinds of defeasibility are distinguished that is ontological, conceptual, epistemic, justification and logical defeasibility. In the second part it is argued that from these, justification defeat is the phenomenon that plays a role in legal reasoning. In the third part, the view is defended that non-monotonic logics are not necessary to model justification defeat, but that they are so to speak the natural way to model this phenomenon.
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  • Fundamental legal concepts: A formal and teleological characterisation. [REVIEW]Giovanni Sartor - 2006 - Artificial Intelligence and Law 14 (1-2):101-142.
    We shall introduce a set of fundamental legal concepts, providing a definition of each of them. This set will include, besides the usual deontic modalities (obligation, prohibition and permission), the following notions: obligative rights (rights related to other’s obligations), permissive rights, erga-omnes rights, normative conditionals, liability rights, different kinds of legal powers, potestative rights (rights to produce legal results), result-declarations (acts intended to produce legal determinations), and sources of the law.
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  • Performative utterances and the concept of contract.Robert Samek - 1965 - Australasian Journal of Philosophy 43 (2):196 – 210.
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  • Collectivism on the horizon: A challenge to Pettit's critique of collectivism.Katarzyna Paprzycka - 1998 - Australasian Journal of Philosophy 76 (2):165 – 181.
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  • Analytic philosophy and jurisprudence.Jerome Hall - 1966 - Ethics 77 (1):14-28.
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  • Narrative identity, practical identity and ethical subjectivity.Kim Atkins - 2004 - Continental Philosophy Review 37 (3):341-366.
    The narrative approach to identity has developed as a sophisticated philosophical response to the complexities and ambiguities of the human, lived situation, and is not – as has been naively suggested elsewhere – the imposition of a generic form of life or the attempt to imitate a fictional character. I argue that the narrative model of identity provides a more inclusive and exhaustive account of identity than the causal models employed by mainstream theorists of personal identity. Importantly for ethical subjectivity, (...)
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  • False consciousness of intentional psychology.Katarzyna Paprzycka - 2002 - Philosophical Psychology 15 (3):271-295.
    According to explanatory individualism, every action must be explained in terms of an agent's desire. According to explanatory nonindividualism, we sometimes act on our desires, but it is also possible for us to act on others' desires without acting on desires of our own. While explanatory nonindividualism has guided the thinking of many social scientists, it is considered to be incoherent by most philosophers of mind who insist that actions must be explained ultimately in terms of some desire of the (...)
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  • Psychopathy: Morally Incapacitated Persons.Heidi Maibom - 2017 - In Thomas Schramme & Steven Edwards (eds.), Handbook of the Philosophy of Medicine. Springer. pp. 1109-1129.
    After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...)
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  • Defeaters and practical knowledge.Carla Bagnoli - 2018 - Synthese 195 (7):2855-2875.
    This paper situates the problem of defeaters in a larger debate about the source of normative authority. It argues in favour of a constructivist account of defeasibility, which appeals to the justificatory role of normative principles. The argument builds upon the critique of two recent attempts to deal with defeasibility: first, a particularist account, which disposes of moral principles on the ground that reasons are holistic; and second, a proceduralist view, which addresses the problem of defeaters by distinguishing between provisional (...)
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  • Pluralists about Pluralism? Versions of Explanatory Pluralism in Psychiatry.Jeroen Van Bouwel - 2014 - In Thomas Uebel (ed.), New Directions in the Philosophy of Science. Cham: Springer. pp. 105-119.
    In this contribution, I comment on Raffaella Campaner’s defense of explanatory pluralism in psychiatry (in this volume). In her paper, Campaner focuses primarily on explanatory pluralism in contrast to explanatory reductionism. Furthermore, she distinguishes between pluralists who consider pluralism to be a temporary state on the one hand and pluralists who consider it to be a persisting state on the other hand. I suggest that it would be helpful to distinguish more than those two versions of pluralism – different understandings (...)
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  • Conoscenza, azione e antropologia nella filosofia di John Rawls.Giovanni De Grandis - 2003 - Problemata. Quaderni di Filosofia 3:81-139.
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  • Defeasible Classifications and Inferences from Definitions.Fabrizio Macagno & Douglas Walton - 2010 - Informal Logic 30 (1):34-61.
    We contend that it is possible to argue reasonably for and against arguments from classifications and definitions, provided they are seen as defeasible (subject to exceptions and critical questioning). Arguments from classification of the most common sorts are shown to be based on defeasible reasoning of various kinds represented by patterns of logical reasoning called defeasible argumentation schemes. We show how such schemes can be identified with heuristics, or short-cut solutions to a problem. We examine a variety of arguments of (...)
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  • Law as justice.Michael S. Moore - 2001 - Social Philosophy and Policy 18 (1):115-145.
    A perennial question of jurisprudence has been whether there is a relationship between law and morality. Those who believe that there is no such relationship are known as while those who hold that some such relationship exists are usually tagged with the label Unfortunately, the latter phrase has been used in quite divergent senses. Sometimes it is used to designate any objectivist position about morality; as often, it labels the view that human nature determines what is objectively good or right; (...)
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  • Los criterios de la corrección en la teoría del razonamientos jurídico de Neil MacCormick.Miguel Garcia-Godinez - 2017 - Mexico City, CDMX, Mexico: CEC-SCJN.
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  • Hart and the Metaphysics and Semantics of Legal Normativity.Matthew H. Kramer - 2018 - Ratio Juris 31 (4):396-420.
    A number of philosophers in recent years have maintained that H. L. A. Hart inThe Concept of Lawpropounded an expressivist account of the semantics of the legal statements that are uttered from the internal viewpoint of the people who run the institutions of legal governance in any jurisdiction. Although the primary aim of this article is to attack the attribution of that semantic doctrine to Hart, the article will begin with some metaphysical matters—the matters of reductionism and naturalism—that often lie (...)
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  • Similarity, precedent and argument from analogy.Douglas Walton - 2010 - Artificial Intelligence and Law 18 (3):217-246.
    In this paper, it is shown (1) that there are two schemes for argument from analogy that seem to be competitors but are not, (2) how one of them is based on a distinctive type of similarity premise, (3) how to analyze the notion of similarity using story schemes illustrated by some cases, (4) how arguments from precedent are based on arguments from analogy, and in many instances arguments from classification, and (5) that when similarity is defined by means of (...)
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  • John Cook Wilson.Mathieu Marion - 2010 - Stanford Encyclopedia of Philosophy.
    John Cook Wilson (1849–1915) was Wykeham Professor of Logic at New College, Oxford and the founder of ‘Oxford Realism’, a philosophical movement that flourished at Oxford during the first decades of the 20th century. Although trained as a classicist and a mathematician, his most important contribution was to the theory of knowledge, where he argued that knowledge is factive and not definable in terms of belief, and he criticized ‘hybrid’ and ‘externalist’ accounts. He also argued for direct realism in perception, (...)
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  • Margaret Macdonald, Philosopher of Language.Oliver Thomas Spinney - forthcoming - Mind:fzae025.
    I chart the philosophical development of neglected figure Margaret Macdonald and situate that development in the context of mid-century analytic philosophy more broadly. I examine Macdonald’s changing attitude towards verificationism, and show that these changing views led her, in 1950 and beyond, to a very thorough appreciation of language use as capable of being employed in the execution of distinctive kinds of performative act. I compare Macdonald’s views with the far better known work of J. L. Austin, and I emphasise (...)
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  • Between Legal Philosophy and Cognitive Science: The Tension Problem.Marek Jakubiec - 2022 - Ratio Juris 35 (2):223-239.
    Ratio Juris, Volume 35, Issue 2, Page 223-239, June 2022.
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  • Before ethics: scientific accounts of action at the turn of the century.Anna C. Zielinska - 2018 - Philosophical Explorations 21 (1):138-159.
    This paper traces the intellectual trajectories of the first stand-alone theories of action, understood as both axiologically neutral and quasi-scientific from a methodological point of view. I argue that the rise of action theory of this kind corresponds to a particular moment of dissatisfaction within Western thought, and as such, it tells us far more about the history of philosophy than the subject itself. I conclude by explaining why subsequent failures to provide an acceptable theory of action are not accidental. (...)
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  • Introduction: The Philosophy of Expertise—What is Expertise?Christian Quast & Markus Seidel - 2018 - Topoi 37 (1):1-2.
    In this paper I will introduce a practical explication for the notion of expertise. At first, I motivate this attempt by taking a look on recent debates which display great disagreement about whether and how to define expertise in the first place. After that I will introduce the methodology of practical explications in the spirit of Edward Craig’s Knowledge and the state of nature along with some conditions of adequacy taken from ordinary and scientific language. This eventually culminates in the (...)
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  • The Syntax of Principles: Genericity as a Logical Distinction between Rules and Principles.Pedro Moniz Lopes - 2017 - Ratio Juris 30 (4):471-490.
    Much has been said about the logical difference between rules and principles, yet few authors have focused on the distinct logical connectives linking the normative conditions of both norms. I intend to demonstrate that principles, unlike rules, are norms whose antecedents are linguistically formulated in a generic fashion, and thus logically described as inclusive disjunctions. This core feature incorporates the relevance criteria of normative antecedents into the world of principles and also explains their aptitude to conflict with opposing norms, namely (...)
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  • The Socratic method, defeasibility, and doxastic responsibility.Peter Boghossian & James Lindsay - 2018 - Educational Philosophy and Theory 50 (3):244-253.
    There is an extensive body of philosophical, educational, and popular literature explaining Socratic pedagogy’s epistemological and educational ambitions. However, there is virtually no literature clarifying the relationship between Socratic method and doxastic responsibility. This article fills that gap in the literature by arguing that the Socratic method models many of the features of an ideally doxastically responsible agent. It ties a robust notion of doxastic responsibility to the Socratic method by showing how using defeaters to undermine participants’ knowledge claims can (...)
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  • Modals vs. Morals. Blackburn on Conceptual Supervenience. Dohrn - 2012 - GAP 8 Proceedings.
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  • Regimes of Autonomy.Joel Anderson - 2014 - Ethical Theory and Moral Practice 17 (3):355-368.
    Like being able to drive a car, being autonomous is a socially attributed, claimed, and contested status. Normative debates about criteria for autonomy (and what autonomy entitles one to) are best understood, not as debates about what autonomy, at core, really is, but rather as debates about the relative merits of various possible packages of thresholds, entitlements, regulations, values, and institutions. Within different “regimes” of autonomy, different criteria for (degrees of) autonomy become authoritative. Neoliberal, solidaristic, and perfectionist regimes entail conflicting (...)
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  • Can Public Figures Have Private Lives?Frederick Schauer - 2000 - Social Philosophy and Policy 17 (2):293.
    A rash of very public scandals, of which the behavior of President Clinton and the activities of the late Princess Diana are merely the most famous examples, has raised the question of the appropriateness of the disclosure, or the newsworthiness, of the so-called “private” lives of so-called “public” figures or “public” officials. That is the question I address in this essay.
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  • Informed consent: Patient's right or patient's duty?Richard T. Hull - 1985 - Journal of Medicine and Philosophy 10 (2):183-198.
    The rule that a patient should give a free, fully-informed consent to any therapeutic intervention is traditionally thought to express merely a right of the patient against the physician, and a duty of the physician towards the patient. On this view, the patient may waive that right with impugnity, a fact sometimes expressed in the notion of a right not to know. This paper argues that the rule also expresses a duty of the patient towards the physician and a right (...)
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  • Endowing Artificial Intelligence with legal subjectivity.Sylwia Wojtczak - 2022 - AI and Society 37 (1):205-213.
    This paper reflects on the problem of endowing Artificial Intelligence with legal subjectivity, especially with regard to civil law. It is necessary to reject the myth that the criteria of legal subjectivity are sentience and reason. Arguing that AI may have potential legal subjectivity based on an analogy to animals or juristic persons suggests the existence of a single hierarchy or sequence of entities, organized according to their degree of similarity to human beings; also, that the place of an entity (...)
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  • What's so special about human knowledge?Michael Williams - 2015 - Episteme 12 (2):249-268.
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  • A plea for omissions.Stephen Mathis - 2003 - Criminal Justice Ethics 22 (2):15-31.
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  • A Formal Model of Legal Argumentation.Giovanni Sartor - 1994 - Ratio Juris 7 (2):177-211.
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  • An improved factor based approach to precedential constraint.Adam Rigoni - 2015 - Artificial Intelligence and Law 23 (2):133-160.
    In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal philosophy and formalizing legal reasoning to see where (...)
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