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Formal aspects of Legal reasoning
Argumentation, 1995This paper discusses the functions of deductive justification in ideal reconstructions of judicial reasoning. It departs from the point of judicial reasoning: explaining and justifying the judicial decision. It argues that deductive validity is not enough for good judicial argument.
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Towards the formalization of legal causal reasoning
Proceedings. Tenth International Workshop on Database and Expert Systems Applications. DEXA 99, 1999In order to build an artificial legal causal reasoner, i.e. a software component that can lead causal reasoning for legal purposes, it is necessary to enhance legal-theoretical accounts of causation by means of formal theories of commonsense reasoning, developed in philosophy, logic and artificial intelligence (AI).
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1994
Abstract Legal formalism postulates the coherence of juridical relationships.1 Drawing on the connection discerned in antiquity between form and intelligibility, the formalist seeks to elucidate the forms, i.e. the coherent structures of justification, immanent in a sophisticated legal system.
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Abstract Legal formalism postulates the coherence of juridical relationships.1 Drawing on the connection discerned in antiquity between form and intelligibility, the formalist seeks to elucidate the forms, i.e. the coherent structures of justification, immanent in a sophisticated legal system.
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2020
Here, a number of flaws of formal-legalism as an explanatory paradigm to the problem of state-building, and to society in general, are discussed not in an exhaustive but, rather, in an illustrative way. In particular, it highlights its institutional bias, conservative orientation, and class-based predisposition with consequences on how society is ...
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Here, a number of flaws of formal-legalism as an explanatory paradigm to the problem of state-building, and to society in general, are discussed not in an exhaustive but, rather, in an illustrative way. In particular, it highlights its institutional bias, conservative orientation, and class-based predisposition with consequences on how society is ...
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SSRN Electronic Journal, 2009
The formality of modern law is a constitutive element in its operation, but the "revolt against formalism" and the charge of mechanical jurisprudence are also as old as the law. This article focuses on formalism in legal decision making in hard cases and assumes that contemporary decision making in law combines formalistic with non-formalistic ...
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The formality of modern law is a constitutive element in its operation, but the "revolt against formalism" and the charge of mechanical jurisprudence are also as old as the law. This article focuses on formalism in legal decision making in hard cases and assumes that contemporary decision making in law combines formalistic with non-formalistic ...
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The Metaphysics of Legal Formalism
SSRN Electronic Journal, 2014Ernest Weinrib's defense of legal formalism is the most sophisticated articulation of a philosophical account of legal rationality in recent memory. Notwithstanding the substantive merits of his arguments in support of formalism, it is the manner in which those arguments are proferred that demands one's attention. Advancing the case for legal formalism
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Legal Reasoning and Formal Criteria of Recognition
Law and Philosophy, 1996I shall try to show how MacCormick’s definition of genuine legal positivism is unable to obtain what is claimed by that definition, that is, to know when a rule is a valid legal rule because it belongs to a given legal system and belongs to a legal system because it satisfies the operative formal criteria of recognition of that system.
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Formalizing multiple interpretation of legal knowledge
Artificial Intelligence and Law, 1995A representation methodology for knowledge allowing multiple interpretations is described. It is based on the following conception of legal knowledge and its open texture. Since indeterminate, legal knowledge must be adapted to fit the circumstances of the cases to which it is applied.
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