This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedentand of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable (...) re-writing has been undertaken to update case-law and take account of the possibleimplications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent. (shrink)

"Its publication should be a major event for cognitive linguistics and should pose a major challenge for cognitive science. In addition, it should have repercussions in a variety of disciplines, ranging from anthropology and psychology to epistemology and the philosophy of science.... Lakoff asks: What do categories of language and thought reveal about the human mind? Offering both general theory and minute details, Lakoff shows that categories reveal a great deal."—David E. Leary, American Scientist.

The first full-scale history of cognitive science, this work addresses a central issue: What is the nature of knowledge?

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)

In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

From the reviews of the first edition of Jurisprudence: The Philosophy and Method of the Law (Harvard University Press 1962): A profoundly scholarly, clearly written and thoroughly unpretentious contribution to the literature of jurisprudence.

Discusses the nature and functions and philosophical foundations of law as well as the central problems of legal method.

We discuss several aspects of legal arguments, primarily arguments about the meaning of statutes. First, we discuss how the requirements of argument guide the specification and selection of supporting cases and how an existing case base influences argument formation. Second, we present,our evolving taxonomy of patterns of actual legal argument. This taxonomy builds upon our much earlier work on argument moves and also on our more recent analysis of how cases are used to support arguments for the interpretation of legal (...) statutes. Third, we show how the theory of argument used by CABARET, a hybrid case-based/rule-based reasoner, can support many of the argument patterns in our taxonomy. (shrink)