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Author: Jaap Hage
Publisher: Springer Science & Business Media
ISBN: 9401588732
Category : Law
Languages : en
Pages : 280
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Book Description
Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
Author: Jaap Hage
Publisher: Springer Science & Business Media
ISBN: 9401588732
Category : Law
Languages : en
Pages : 280
Get Book
Book Description
Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
Author: L. Karl Branting
Publisher: Springer Science & Business Media
ISBN: 9401728488
Category : Computers
Languages : en
Pages : 226
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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: Sotiris Moschoyiannis
Publisher: Springer
ISBN: 9783030911669
Category : Computers
Languages : en
Pages : 0
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Book Description
This book constitutes the proceedings of the International Joint Conference on Rules and Reasoning, RuleML+RR 2021, held in Leuven, Belgium, during September, 2021. This is the 5th conference of a new series, joining the efforts of two existing conference series, namely “RuleML” (International Web Rule Symposium) and “RR” (Web Reasoning and Rule Systems). The 17 full research papers presented together with 2 short technical communications papers and 2 abstracts of invited papers were carefully reviewed and selected from 39 submissions.
Author: Joseph Heath
Publisher: Oxford University Press
ISBN: 9780199708277
Category : Philosophy
Languages : en
Pages : 352
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Book Description
For centuries, philosophers have been puzzled by the fact that people often respect moral obligations as a matter of principle, setting aside considerations of self-interest. In more recent years, social scientists have been puzzled by the more general phenomenon of rule-following, the fact that people often abide by social norms even when doing so produces undesirable consequences. Experimental game theorists have demonstrated conclusively that the old-fashioned picture of "economic man," constantly reoptimizing in order to maximize utility in all circumstances, cannot provide adequate foundations for a general theory of rational action. The dominant response, however, has been a slide toward irrationalism. If people are ignoring the consequences of their actions, it is claimed, it must be because they are making some sort of a mistake. In Following the Rules, Joseph Heath attempts to reverse this trend, by showing how rule-following can be understood as an essential element of rational action. The first step involves showing how rational choice theory can be modified to incorporate deontic constraint as a feature of rational deliberation. The second involves disarming the suspicion that there is something mysterious or irrational about the psychological states underlying rule-following. According to Heath, human rationality is a by-product of the so-called "language upgrade" that we receive as a consequence of the development of specific social practices. As a result, certain constitutive features of our social environment-such as the rule-governed structure of social life-migrate inwards, and become constitutive features of our psychological faculties. This in turn explains why there is an indissoluble bond between practical rationality and deontic constraint. In the end, what Heath offers is a naturalistic, evolutionary argument in favor of the traditional Kantian view that there is an internal connection between being a rational agent and feeling the force of one's moral obligations.
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: Friedrich V. Kratochwil
Publisher: Cambridge University Press
ISBN: 9780521409711
Category : Law
Languages : en
Pages : 332
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Book Description
This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).
Author: A. W. Musschenga
Publisher: Routledge
ISBN:
Category : Law
Languages : en
Pages : 232
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Book Description
Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation.
Author: Richard E. Nisbett
Publisher: Psychology Press
ISBN: 1134775466
Category : Psychology
Languages : en
Pages : 431
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Book Description
This book examines two questions: Do people make use of abstract rules such as logical and statistical rules when making inferences in everyday life? Can such abstract rules be changed by training? Contrary to the spirit of reductionist theories from behaviorism to connectionism, there is ample evidence that people do make use of abstract rules of inference -- including rules of logic, statistics, causal deduction, and cost-benefit analysis. Such rules, moreover, are easily alterable by instruction as it occurs in classrooms and in brief laboratory training sessions. The fact that purely formal training can alter them and that those taught in one content domain can "escape" to a quite different domain for which they are also highly applicable shows that the rules are highly abstract. The major implication for cognitive science is that people are capable of operating with abstract rules even for concrete, mundane tasks; therefore, any realistic model of human inferential capacity must reflect this fact. The major implication for education is that people can be far more broadly influenced by training than is generally supposed. At high levels of formality and abstraction, relatively brief training can alter the nature of problem-solving for an infinite number of content domains.
Author: Anna Fensel
Publisher: Springer Nature
ISBN: 3031450728
Category : Computers
Languages : en
Pages : 269
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Book Description
This book constitutes the refereed proceedings of the 7th International Joint Conference on Rules and Reasoning, RuleML+RR 2023, held in Oslo, Norway, during September 18–20, 2023. The 13 full papers and 3 short papers included in these proceedings were carefully reviewed and selected from 46 submissions. They focus on all aspects of theoretical advances; novel technologies; innovative applications; knowledge representation; reasoning with rules; and research, development, applications of rule-based systems.
Author: Christoph Benzmüller
Publisher: Springer
ISBN: 3319999060
Category : Computers
Languages : en
Pages : 328
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Book Description
This book constitutes the proceedings of the International Joint Conference on Rules and Reasoning, RuleML+RR 2018, held in Luxembourg during September 2018. This is the second conference of a new series, joining the efforts of two existing conference series, namely “RuleML” (International Web Rule Symposium) and “RR” (Web Reasoning and Rule Systems). The 10 full research papers presented together with 5 long technical communications and 7 short papers were carefully reviewed and selected from 33 submissions.
