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  1. Doing justice to rights and values: Teleological reasoning and proportionality. [REVIEW]Giovanni Sartor - 2010 - Artificial Intelligence and Law 18 (2):175-215.
    This paper studies how legal choices, and in particular legislative determinations, need to consider multiple rights and values, and can be assessed accordingly. First it is argued that legal norms (and in particular constitutional right-norms) often prescribe the pursuit of goals, which may be in conflict one with another. Then a model of teleological reasoning is brought to bear on choices affecting different goals, among which those prescribed by constitutional norms. An analytical framework is provided for evaluating such choices with (...)
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  • On Balancing and Subsumption. A Structural Comparison.Robert Alexy - 2003 - Ratio Juris 16 (4):433-449.
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  • Towards a simple mathematical model for the legal concept of balancing of interests.Frederike Zufall, Rampei Kimura & Linyu Peng - 2023 - Artificial Intelligence and Law 31 (4):807-827.
    We propose simple nonlinear mathematical models for the legal concept of balancing of interests. Our aim is to bridge the gap between an abstract formalisation of a balancing decision while assuring consistency and ultimately legal certainty across cases. We focus on the conflict between the rights to privacy and to the protection of personal data in Art. 7 and Art. 8 of the EU Charter of Fundamental Rights (EUCh) against the right of access to information derived from Art. 11 EUCh. (...)
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  • Consistency in Balancing: From Value Assessments to Factor-Based Rules.Giovanni Sartor - 2018 - In David Duarte & Jorge Silva Sampaio (eds.), Proportionality in Law: An Analytical Perspective. Cham: Springer Verlag. pp. 121-136.
    This contribution explores the consistency in cases having opposite outcomes and different impacts on legally relevant values, both individual rights and social values. The link between outcomes’ impacts on values and factors influencing such impacts is also considered. On this basis a formal analysis of the connection between balancing assessments and factor-based case-rules is proposed.
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  • A model of legal reasoning with cases incorporating theories and values.Trevor Bench-Capon & Giovanni Sartor - 2003 - Artificial Intelligence 150 (1-2):97-143.
    Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning. In this paper we put forward a formal model of reasoning with cases which captures many of the insights from that previous work. We begin by stating our view of reasoning with cases as a process of constructing, evaluating and applying a theory. Central to our model is a view of the relationship between cases, rules based on cases, (...)
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  • Some Thoughts About the Limits of Alexy’s Conception of Principles and Balancing.David Martínez-Zorrilla - 2018 - In David Duarte & Jorge Silva Sampaio (eds.), Proportionality in Law: An Analytical Perspective. Cham: Springer Verlag. pp. 171-192.
    With no doubt, Robert Alexy is one of the most relevant legal theorists of the last decades. Among his multiple and valuable contributions to legal theory, his thoughts about legal principles and balancing should be highlighted, to the point that it is not possible to engage any serious analysis on these topics without considering the contributions of the German philosopher. I will try to argue, though, that his positions suffer from some problems that should be addressed. First, regarding the distinction (...)
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  • On balance.Marc Lauritsen - 2015 - Artificial Intelligence and Law 23 (1):23-42.
    In the course of legal reasoning—whether for purposes of deciding an issue, justifying a decision, predicting how an issue will be decided, or arguing for how it should be decided—one often is required to reach conclusions based on a balance of reasons that is not straightforwardly reducible to the application of rules. Recent AI and Law work has modeled reason-balancing, both within and across cases, with set-theoretic and rule- or value-ordering approaches. This article explores a way to model balancing in (...)
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