Rules And Reasoning
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Reasoning with Rules
Author: Jaap Hage
language: en
Publisher: Springer Science & Business Media
Release Date: 1996-11-30
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.
Rules for Reasoning
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.
Reasoning with Rules and Precedents
Author: L. Karl Branting
language: en
Publisher: Springer Science & Business Media
Release Date: 2013-03-09
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.