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Author: Karl Branting
Publisher: Springer
ISBN:
Category : Computers
Languages : en
Pages : 244
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Book Description
Few areas of human expertise are so well understood that they can be completely reduced to general principles. Similarly, there are few domains in which experience is so extensive that every new problem precisely matches a previous problem whose solution is known. When neither rules nor examples are individually sufficient, problem-solving expertise depends on integrating both. This book presents a computational framework for the integration of rules and cases for analytic tasks typified by legal analysis. The book uses the framework for integrating cases and rules as a basis for a new model of legal precedents. This model explains how the theory under which a case is decided controls the case's precedential effect. The framework for integrating rules and cases is implemented in GREBE, a system for legal analysis. The book presents techniques for representing, indexing, and comparing complex cases and for converting justification structures based on rules and case into natural-language text. This book will interest researchers in artificial intelligence, particularly those involved in case-based reasoning, artificial intelligence and law, and formal models of argumentation, and to scholars in legal philosophy, jurisprudence, and analogical reasoning.
Author: Karl Branting
Publisher: Springer
ISBN:
Category : Computers
Languages : en
Pages : 244
Get Book Here
Book Description
Few areas of human expertise are so well understood that they can be completely reduced to general principles. Similarly, there are few domains in which experience is so extensive that every new problem precisely matches a previous problem whose solution is known. When neither rules nor examples are individually sufficient, problem-solving expertise depends on integrating both. This book presents a computational framework for the integration of rules and cases for analytic tasks typified by legal analysis. The book uses the framework for integrating cases and rules as a basis for a new model of legal precedents. This model explains how the theory under which a case is decided controls the case's precedential effect. The framework for integrating rules and cases is implemented in GREBE, a system for legal analysis. The book presents techniques for representing, indexing, and comparing complex cases and for converting justification structures based on rules and case into natural-language text. This book will interest researchers in artificial intelligence, particularly those involved in case-based reasoning, artificial intelligence and law, and formal models of argumentation, and to scholars in legal philosophy, jurisprudence, and analogical reasoning.
Author: Marc Jacob
Publisher: Cambridge University Press
ISBN: 1107045495
Category : Law
Languages : en
Pages : 357
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Book Description
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Author: David Schultz
Publisher: Edward Elgar Publishing
ISBN: 9781839103124
Category :
Languages : en
Pages : 200
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Book Description
Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.
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: Martin P. Golding
Publisher: Broadview Press
ISBN: 9781551114224
Category : Law
Languages : en
Pages : 180
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Book Description
In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).
Author: Frederick F. Schauer
Publisher: Harvard University Press
ISBN: 0674032705
Category : Law
Languages : en
Pages : 256
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Book Description
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
Author: Michael Evan Gold
Publisher: ILR Press
ISBN: 1501728601
Category : Law
Languages : en
Pages : 361
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Book Description
After years of teaching law courses to undergraduate, graduate, and law students, Michael Evan Gold has come to believe that the traditional way of teaching – analysis, explanation, and example – is superior to the Socratic Method for students at the outset of their studies. In courses taught Socratically, even the most gifted students can struggle, and many others are lost in a fog for months. Gold offers a meta approach to teaching legal reasoning, bringing the process of argumentation to the fore. Using examples both from the law and from daily life, Gold's book will help undergraduates and first-year law students to understand legal discourse. The book analyzes and illustrates the principles of legal reasoning, such as logical deduction, analogies and distinctions, and application of law to fact, and even solves the mystery of how to spot an issue. In Gold's experience, students who understand the principles of analytical thinking are able to understand arguments, to evaluate and reply to them, and ultimately to construct sound arguments of their own.
Author: Giovanni Sartor
Publisher: Springer Science & Business Media
ISBN: 9401590109
Category : Law
Languages : en
Pages : 230
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Book Description
The judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges' discretionary reasoning. Judicial decision-making is an area of daunting complexity, where highly sophisticated legal expertise merges with cognitive and emotional competence. How can AI contribute to a process that encompasses such a wide range of knowledge, judgment, and experience? Rather than aiming at the impossible dream (or nightmare) of building an automatic judge, AI research has had two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process, such as case-based reasoning and formal models of dialectics, argumentation, and negotiation. Judges, squeezed between tightening budgets and increasing demands for justice, are desperately trying to maintain the quality of their decision-making process while coping with time and resource limitations. Flexible AI tools for decision support may promote uniformity and efficiency in judicial practice, while supporting rational judicial discretion. Similarly, AI may promote flexibility, efficiency and accuracy in other judicial tasks, such as drafting various judicial documents. The contributions in this volume exemplify some of the directions that the AI transformation of the judiciary will take.
Author: Melvin A. Eisenberg
Publisher: Cambridge University Press
ISBN: 1009192760
Category : Law
Languages : en
Pages : 194
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Book Description
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
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.
