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  1. Why non-monotonic logic is inadequate to represent balancing arguments.Jan-R. Sieckmann - 2003 - Artificial Intelligence and Law 11 (2-3):211-219.
    This paper analyses the logical structure of the balancing of conflicting normative arguments, and asks whether non-monotonic logic is adequate to represent this type of legal or practical reasoning. Norm conflicts are often regarded as a field of application for non-monotonic logics. This paper argues, however, that the balancing of normative arguments consists of an act of judgement, not a logical inference, and that models of deductive as well as of defeasible reasoning do not give an adequate account of its (...)
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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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