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  1. Default Reasoning and the Law: A Dialogue.Penco Carlo & Canale Damiano - 2022 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 47.
    Reasoning by default is a relevant aspect of everyday life that has traditionally attracted the attention of many fields of research, from psychology to the philosophy of logic, from economics to artificial intelligence. Also in the field of law, default reasoning is widely used by lawyers, judges and other legal decision-makers. In this paper, a philosopher of language (Carlo Penco) and a philosopher of law (Damiano Canale) attempt to explore some uses of default reasoning that are scarcely considered by legal (...)
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  • Is Classical Mathematics Appropriate for Theory of Computation?Farzad Didehvar - manuscript
    Throughout this paper, we are trying to show how and why our Mathematical frame-work seems inappropriate to solve problems in Theory of Computation. More exactly, the concept of turning back in time in paradoxes causes inconsistency in modeling of the concept of Time in some semantic situations. As we see in the first chapter, by introducing a version of “Unexpected Hanging Paradox”,first we attempt to open a new explanation for some paradoxes. In the second step, by applying this paradox, it (...)
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  • Theories of vagueness and theories of law.Alex Silk - 2019 - Legal Theory 25 (2):132-152.
    It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of (...)
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  • Pragmatic Maxims and Presumptions in Legal Interpretation.Fabrizio Macagno, Douglas Walton & Giovanni Sartor - 2018 - Law and Philosophy 37 (1):69-115.
    The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...)
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  • (1 other version)Paraphrase, Semantics, and Ontology.John A. Keller - 2015 - Oxford Studies in Metaphysics 9.
    Paraphrase is ubiquitous in philosophy, especially in discussions about ontological commitment. But should it be? Paraphrases are seldom accompanied by evidence that would convince, say, a linguist that the paraphrase and the paraphrased sentence have the same meaning. Indeed, from the perspective of linguistics, many paraphrases would seem to be nothing but bad jokes. For this reason, many philosophers have become deeply suspicious about paraphrase. I ague in this paper that this worry is misguided--that successful paraphrases do not need to (...)
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  • Erratum to: Implications of Indeterminacy: Naturalism in Epistemology and the Philosophy of Law II.Mark Greenberg - 2012 - Law and Philosophy 31 (6):619-642.
    In a circulated but heretofore unpublished 2001 paper, I argued that Leiter's analogy to Quine's 'naturalization of epistemology' does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter's replies to my arguments fail. Most significantly, if — contrary to the genuinely naturalistic reading of Quine that I advanced — Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is (...)
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  • Teleological Justification of Argumentation Schemes.Douglas Walton & Giovanni Sartor - 2013 - Argumentation 27 (2):111-142.
    Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded cognizer to (...)
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  • An Acquittal for Epistemicism.Hesam Mohamadi - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (4):905-928.
    Scott Soames argues that consideration of the practice of legal judgement gives us good reason to favor the partial-definition/context-sensitive theory of vagueness against epistemicism. Despite the fact that the value of power-delegation through vagueness is evidenced in practice, Soames says, epistemicism cannot account for it theoretically, while the partial-definition/context-sensitive theory is capable of it. In this paper, I examine the two possible arguments against epistemicism that can be extracted from Soames’s account: (i) an argument based on unknown obligations, and (ii) (...)
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  • Custom and Living Law.Tim Murphy, Garrett Barden, Marc Hertogh, Oran Doyle, Paul Brady & Donal Coffey - 2012 - Jurisprudence 3 (1):71-210.
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  • Implications of Indeterminacy: Naturalism in Epistemology and the Philosophy of Law II. [REVIEW]Mark Greenberg - 2011 - Law and Philosophy 30 (4):453-476.
    In a circulated but heretofore unpublished 2001 paper, I argued that Leiter’s analogy to Quine’s “naturalization of epistemology” does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter’s replies to my arguments fail. Most significantly, if – contrary to the genuinely naturalistic reading of Quine that I advanced – Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is (...)
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  • Causal Legal Semantics: A Critical Assessment.Brian Flanagan - 2013 - Journal of Moral Philosophy 10 (1):3-24.
    A provision’s legal meaning is thought by many to be a function of its literal meaning. To explain the appearance that lawyers are arguing over a provision’s legal meaning and not just over which outcome would be more prudent or morally preferable, some legal literalists claim that a provision’s literal meaning may be causally, rather than conventionally, determined. I argue, first, that the proposed explanation is inconsistent with common intuitions about legal meaning; second, that explaining legal disagreement as a function (...)
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  • A Fullerian Challenge to Legal Intentionalism?Brian Flanagan - 2011 - Ratio Juris 24 (3):330-334.
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