A scientific community cannot practice its trade without some set of received beliefs. These beliefs form the foundation of the "educational initiation that prepares and licenses the student for professional practice". The nature of the "rigorous and rigid" preparation helps ensure that the received beliefs are firmly fixed in the student's mind. Scientists take great pains to defend the assumption that scientists know what the world is like...To this end, "normal science" will often suppress novelties which undermine its foundations. Research (...) is therefore not about discovering the unknown, but rather "a strenuous and devoted attempt to force nature into the conceptual boxes supplied by professional education". (shrink)

Thomas S. Kuhn's classic book is now available with a new index.

In this engaging study, the authors put casuistry into its historical context, tracing the origin of moral reasoning in antiquity, its peak during the sixteenth and early seventeenth century, and its subsequent fall into disrepute from the mid-seventeenth century.

Steven Burton's AN INTRODUCTION TO LAW AND LEGAL REASONING, Second Edition continues to be an ideal learning tool for first-year law students in a variety of introductory courses including orientation programs, legal reasoning, lawyering skills, or first-year substantive courses. Written specifically for beginning law students, this concise paperback helps students gain an understanding of law and legal reasoning by emphasizing how they can use cases, rules, precedent, holding, and other elementary legal concepts to solve legal problems. Especially easy to use, (...) The Second Edition: offers concise, lucid text gives more attention to competing, contemporary modes of analysis including Critical Legal Studies and philosophical critiques clearly delineates the structure of law as precedents, rules, principles, and policies introduces many new examples coherently organized in nine chapters, INTRODUCTION TO LAW AND LEGAL REASONING covers cases and rules, analogical and deductive legal reasoning, legal reasons and conventions, purposes, judges' and lawyers' perspectives, and legitimacy. short and affordable, this book is a good fit for orientation programs, introductory courses on legal reasoning or legal method, lawyering skills courses, or as a supplementary text in any first-year substantive course. (shrink)

In this engaging study, the authors put casuistry into its historical context, tracing the origin of moral reasoning in antiquity, its peak during the sixteenth and early seventeenth century, and its subsequent fall into disrepute from the mid-seventeenth century.

As new unanticipated items are added to a memory, it must be able to reorganize itself, integrating the new items into its structure. The reorganization process must maintain the memory's structure and also build up the knowledge retrieval strategies need to search that structure. This study will present an algorithm for knowledge‐based memory reorganization. Included in that algorithm are processes for directed generalization and generalization refinement. A fact retrieval system called CYRUS which uses the algorithm is also presented. Conclusions are (...) drawn about maintaining accessibility in a conceptual memory, organizing generalized knowledge with respect to specific knowledge, and expected retrieval failures due to change over time in the memory's organization. (shrink)

Law and legal reasoning are a natural target for artificial intelligence systems. Like medical diagnosis and other tasks for expert systems, legal analysis is a matter of interpreting data in terms of higher-level concepts. But in law the data are more like those for a system aimed at understanding natural language: they tell a story about human events that may lead to a lawsuit. Statements of the law, too, are written in natural language and legal arguments are often arguments about (...) what that language means or ought to mean.This study is one of the few research efforts in this fertile area. It is unique in developing a computational model for analyzing legal problems in a way that brings these strands of AI research together and makes sense from a jurisprudential perspective as well.Gardner first analyzes several positions in Anglo-American jurisprudence and their relevance for work in artificial intelligence. She identifies aspects of legal reasoning that any truly expert system in law must make a place for and suggests a way of decomposing the process of legal analysis that takes these aspects into account. She compares the resulting framework with those used by other legal analysis programs. A solid exposition of current AI techniques follows in chapters covering the author's system (written in Maclisp) for offer and acceptance problems, taken from law examinations, involved in contract law.Anne von der Lieth Gardner has a law degree and a Ph.D. in computer science, both from Stanford University. An Artificial Intelligence Approach to Legal Reasoning inaugurates the series Artificial Intelligence and the Law: Processes and Models of Legal Reasoning, edited by L. Thorne McCarty and Edwina L. Rissland. A Bradford Book. (shrink)

This study presents a process model of very long‐term episodic memory. The process presented is a reconstructive process. The process involves application of three kinds of reconstructive strategies—component‐to‐context instantiation strategies, component‐instantiation strategies, and context‐to‐context instantiation strategies. The first is used to direct search to appropriate conceptual categories in memory. The other two are used to direct search within the chosen conceptual category. A fourth type of strategy, called executive search strategies, guide search for concepts related to the one targeted for (...) retrieval.A conceptual memory organization implied by human reconstructive memory is presented along with examples which motivate it. A basic retrieval algorithm is presented for traversing that stucture. Retrieval strategies arise from failures in that algorithm. The memory organization and retrieval processes are implemented in a computer program called CYRUS which stores events in the lives of former Secretaries of State Cyrus Vance and Edmund Muskie and answers questions posed in English concerning that information. Examples which motivate the process model are drawn from protocols of human memory search. Examples of CYRUS's behavior demonstrate the implemented process model. Conclusions are drawn concerning retrieval failures and the relationship of episodic and semantic memory. (shrink)