Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic

Front Cover
Springer Science & Business Media, Nov 30, 1996 - Law - 266 pages
1 Review
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.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

INTRODUCTION
1
OF REASONS
11
B A CAUSAL ACCOUNT OF REASONS
34
C REASONS AND PRINCIPLES
46
D KINDS OF REASONS
59
REASONING WITH RULES
78
REASONBASED LOGIC
130
APPLICATIONS OF REASONBASED LOGIC
159
CONCLUDING OBSERVATIONS
203
B SEMANTICS FOR RULES
215
C REASONBASED LOGIC IN COMPARISON
227
D TWO METAPHORS OF REASONING
245
Copyright

Other editions - View all

Common terms and phrases

Popular passages

Page 257 - Proceedings of the Fifth International Conference on Artificial Intelligence and Law, ACM...
Page 256 - Fourth National Conference on Law, Computers and Artificial Intelligence, University of Exeter, 1994.

References to this book

All Book Search results »

Bibliographic information