Download or read book Reasoning with Rules written by Jaap Hage and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rules and Reasoning written by Sotiris Moschoyiannis and published by Springer. This book was released on 2021-12-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Reasoning with Rules and Precedents written by L. Karl Branting and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Following the Rules written by Joseph Heath and published by OUP USA. This book was released on 2008-10-16 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. This text shows how rule-following can be understood as an essential element of rational action.
Download or read book Rules and Reasoning written by Anna Fensel and published by Springer Nature. This book was released on 2023-11-15 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Demystifying Legal Reasoning written by Larry Alexander and published by Cambridge University Press. This book was released on 2008-06-16 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rules and Reasoning written by Christoph Benzmüller and published by Springer. This book was released on 2018-08-23 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rules Norms and Decisions written by Friedrich V. Kratochwil and published by Cambridge University Press. This book was released on 1991-04-26 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book How to Brief a Case written by John Delaney and published by John Delaney Publications. This book was released on 1987 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Learning Legal Rules written by James A. Holland (Law teacher) and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Reasoning and Political Conflict written by Cass R. Sunstein and published by Oxford University Press. This book was released on 1998-02-26 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Reasoning in Ethics and Law written by A. W. Musschenga and published by Routledge. This book was released on 1999 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book LSAT Logical Reasoning written by Manhattan Prep and published by Simon and Schuster. This book was released on 2020-03-03 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: Manhattan Prep’s LSAT Logical Reasoning guide, fully updated for the digital exam, will teach you how to untangle Logical Reasoning problems confidently and efficiently. Manhattan Prep’s LSAT guides use officially-released LSAT questions and are written by the company’s instructors, who have all scored a 172 or higher on the official LSAT—we know how to earn a great score and we know how to teach you to do the same. This guide will train you to approach LSAT logical reasoning problems as a 99th-percentile test-taker does: Recognize and respond to every type of question Deconstruct the text to find the core argument or essential facts Spot—and avoid—trap answers Take advantage of the digital format to work quickly and strategically Each chapter in LSAT Logical Reasoning features drill sets—made up of real LSAT questions—to help you absorb and apply what you’ve learned. The extensive solutions walk you through every step needed to master Logical Reasoning, including an in-depth explanation of every answer choice, correct and incorrect.
Download or read book Thinking Like a Lawyer written by Frederick Schauer and published by Harvard University Press. This book was released on 2012-04-02 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book An Introduction to Law and Legal Reasoning written by Steven J. Burton and published by Aspen Publishing. This book was released on 2007-01-10 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its Third Edition, An Introduction to Law and Legal Reasoning continues to be the ideal go-to for the first year law student. It is a short, practical book that introduces beginning law students and others to contemporary law and legal reasoning. By presenting these topics through various discussions of cases and examples, it provides students with a solid source to reference for years to come. A dependable, practical source, that: Covers analogical and deductive reasoning, as well as the roles of legal conventions, purposes, and policies in legal reasoning Discusses cases of varying difficulty to diversify the learning process Presents law and legal reasoning primarily through discussions of cases and examples that avoid the abstraction characteristic of most competing books Emphasizes the law as used in practice by lawyers and judges Provides an explicit and systematic introduction to law and legal reasoning Offers a source suitable for use as supplementary reading in any first year course, in legal research and writing courses, in paralegal courses, and in other settings This great new edition has been carefully updated to include: A new chapter, "Hardest Cases," that highlights cases notorious in the press Updates throughout that guarantee the most current legal information
Download or read book Legal Reasoning Case Files written by Kris Franklin and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides real-world case files designed to reinforce foundational legal reasoning skills. Students work through practical problems, each of which is set in the context of a different basic law school subject. Commentary throughout the text guides students toward more sophisticated comprehension of the factual and legal materials, and more nuanced legal analysis, all while introducing common forms of practice-based writing. Each chapter then takes the rules introduced in the case file and illustrates ways they might be applied to an essay examination question and multiple-choice question. Additional practice questions and suggestions for classroom exercises are included in the extensive accompanying teacher's manual.
Download or read book Web Reasoning and Rule Systems written by Massimo Marchiori and published by Springer. This book was released on 2007-06-27 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the refereed proceedings of the First International Conference on Web Reasoning and Rule Systems, RR 2007, held in Innsbruck, Austria. It address all current topics in Web reasoning and rule systems, including acquisition of rules and ontologies by knowledge extraction, design and analysis of reasoning languages, reasoning with constraints, rule languages and systems, semantic Web services modeling and applications.
