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Law and defeasibility

Artificial Intelligence and Law 11 (2-3):221-243 (2003)

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  1. (1 other version)Practical reason and norms.Joseph Raz - 1975 - London: Hutchinson.
    Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...)
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  • (1 other version)Cognitive Carpentry: A Blueprint for how to Build a Person.John L. Pollock - 1995 - MIT Press.
    "A sequel to Pollock's How to Build a Person, this volume builds upon that theoretical groundwork for the implementation of rationality through artificial ...
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  • (1 other version)The Uses of Argument.Stephen E. Toulmin - 1958 - Philosophy 34 (130):244-245.
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  • Practical Reason and Norms.Joseph Raz - 1975 - Law and Philosophy 12 (3):329-343.
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  • Playing by the rules: a philosophical examination of rule-based decision-making in law and in life.Frederick F. Schauer - 1991 - New York: Oxford University Press.
    Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation of power (...)
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  • XI.—The Ascription of Responsibility and Rights.H. L. A. Hart - 1949 - Proceedings of the Aristotelian Society 49 (1):171-194.
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  • The ascription of responsibility and rights.H. L. A. Hart - 1951 - In Gilbert Ryle & Antony Flew (eds.), Logic and language (first series): essays. Oxford: Blackwell. pp. 171 - 194.
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  • A dialectical model of assessing conflicting arguments in legal reasoning.H. Prakken & G. Sartor - 1996 - Artificial Intelligence and Law 4 (3-4):331-368.
    Inspired by legal reasoning, this paper presents a formal framework for assessing conflicting arguments. Its use is illustrated with applications to realistic legal examples, and the potential for implementation is discussed. The framework has the form of a logical system for defeasible argumentation. Its language, which is of a logic-programming-like nature, has both weak and explicit negation, and conflicts between arguments are decided with the help of priorities on the rules. An important feature of the system is that these priorities (...)
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  • (1 other version)The Philosophy of Science.Stephen Toulmin - 1954 - British Journal for the Philosophy of Science 5 (19):268-269.
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  • (1 other version)The Philosophy of Science.Stephen Toulmin - 1954 - Mind 63 (251):403-412.
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  • Logical Tools for Modelling Legal Argument: A Study of Defeasible Reasoning in Law.Henry Prakken - 2000 - Studia Logica 64 (1):143-146.
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  • The Three Faces of Defeasibility in the Law.Henry Prakken & Giovanni Sartor - 2004 - Ratio Juris 17 (1):118-139.
    In this paper we will analyse the issue of defeasibility in the law, taking into account research carried out in philosophy, artificial intelligence and legal theory. We will adopt a very general idea of legal defeasibility, in which we will include all different ways in which certain legal conclusions may need to be abandoned, though no mistake was made in deriving them. We will argue that defeasibility in the law involves three different aspects, which we will call inference‐based defeasibility, process‐based (...)
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  • Defeasibility in legal reasoning.Giovanni Sartor - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford, U.K.: Oxford University Press.
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  • Law and Coherence.Jaap Hage - 2004 - Ratio Juris 17 (1):87-105.
    This paper deals with the questions of whether the law should be coherent and what this coherence would amount to. In this connection so‐called “integrated coherentism” is introduced. According to integrated coherentism, an acceptance set is coherent if and only if it contains everything that should rationally be accepted according to what else one accepts and does not contain anything that should rationally be rejected according to what else one accepts. Such an acceptance set is ideally a theory of everything, (...)
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