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Author: Authors Of The Legal Fraternity
Publisher: Highbrow Phantom Publishing House
ISBN: 8195326501
Category : Law
Languages : en
Pages : 154
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Book Description
An analogy of legal views and legal intellect, a body of work brought to you from legal experts with countless years of experience combined.
Author: Authors Of The Legal Fraternity
Publisher: Highbrow Phantom Publishing House
ISBN: 8195326501
Category : Law
Languages : en
Pages : 154
Get Book Here
Book Description
An analogy of legal views and legal intellect, a body of work brought to you from legal experts with countless years of experience combined.
Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 113947247X
Category : Philosophy
Languages : en
Pages : 254
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Book Description
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
Author: Ajit Narayanan
Publisher: Intellect Books
ISBN: 9781871516593
Category : Artificial intelligence
Languages : en
Pages : 0
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Book Description
This text examines the interaction between the disciplines of law, computer science and artificial intelligence. The chapters are grouped into theory, implications and applications sections, in an attempt to identify separate, but interrelated methodological stances
Author: Keith J. Holyoak, Ph.D.
Publisher: Oxford University Press
ISBN: 0199734682
Category : Psychology
Languages : en
Pages : 865
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Book Description
The Oxford Handbook of Thinking and Reasoning brings together the contributions of many of the leading researchers in thinking and reasoning to create the most comprehensive overview of research on thinking and reasoning that has ever been available. Each chapter includes a bit of historical perspective on the topic, and concludes with some thoughts about where the field seems to be heading.
Author: James Boyd White
Publisher: University of Chicago Press
ISBN: 0226894932
Category : Law
Languages : en
Pages : 328
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Book Description
White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal
Author: Giorgio Bongiovanni
Publisher: Springer
ISBN: 9048194520
Category : Philosophy
Languages : en
Pages : 773
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Book Description
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
Author: Oliver Wendell Holmes
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 448
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Book Description
Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 0195353498
Category : Law
Languages : en
Pages : 233
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Book Description
The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.
Author: Kevin D. Ashley
Publisher: MIT Press (MA)
ISBN:
Category : Computers
Languages : en
Pages : 360
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Book Description
"Modeling Legal Argument "provides a comprehensive treatment of case-based reasoning and a detailed description of a computer program called Hypo, that models the way attorneys argue with cases, real and hypothetical. The program offers significant advantages over "keyword" case retrieval systems in the legal field and demonstrates how to design expert systems that assist the user by presenting reasonable alternative answers on all sides of an issue and by citing case examples to explain their advice.Hypo analyzes problem situations dealing with trade secrets disputes, retrieves relevant legal cases from its database and fashions them into reasonable legal arguments about who should win. The arguments demonstrate the program's ability to reason symbolically with past cases, to draw factual analogies between cases, to cite them in arguments, to distinguish them, and to pose counter-examples and hypotheticals based on past cases."Modeling Legal Argument "discusses the law as a paradigm of case-based argument, introduces Hypo and its adversarial reasoning process, provides an overview of the Hypo program, and gives extended examples of the model's reasoning capabilities. It describes the case knowledge base, a dimensional index, basic mechanisms of case-based reasoning, and offers a theory of case-based argument in Hypo. Ashley evaluates Hypo's performance and takes up adversarial case-based reasoning beyond the law and extensions of the Hypo model.Kevin D. Ashley is a Research Scientist at the Learning Research an Development Center and Assistant Professor of Law at the University of Pittsburgh. "Modeling Legal Argument is "included in the Artificial Intelligence and Legal Reasoning series, edited by L. Thorne McCarty and Edwina L. Rissland.
Author: Keith Stenning
Publisher: MIT Press
ISBN: 0262293536
Category : Medical
Languages : en
Pages : 422
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Book Description
A new proposal for integrating the employment of formal and empirical methods in the study of human reasoning. In Human Reasoning and Cognitive Science, Keith Stenning and Michiel van Lambalgen—a cognitive scientist and a logician—argue for the indispensability of modern mathematical logic to the study of human reasoning. Logic and cognition were once closely connected, they write, but were “divorced” in the past century; the psychology of deduction went from being central to the cognitive revolution to being the subject of widespread skepticism about whether human reasoning really happens outside the academy. Stenning and van Lambalgen argue that logic and reasoning have been separated because of a series of unwarranted assumptions about logic. Stenning and van Lambalgen contend that psychology cannot ignore processes of interpretation in which people, wittingly or unwittingly, frame problems for subsequent reasoning. The authors employ a neurally implementable defeasible logic for modeling part of this framing process, and show how it can be used to guide the design of experiments and interpret results.
