Results 251 to 260 of about 59,612 (299)
Some of the next articles are maybe not open access.
Argumentation in Legal Reasoning
2009A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning.
Bench Capon T. +2 more
openaire +3 more sources
Legal Reasoning and Legal Integration
Maastricht Journal of European and Comparative Law, 2003According to Legrand, harmonization of European private law by means of a European Civil Code would not work, because of the different legal cultures (mentalités) within which such a code would have to operate. In the civil law tradition, legal reasoning on the basis of such a code would be deductive in the sense of the application of rules that are ...
openaire +1 more source
SSRN Electronic Journal, 2020
This paper addresses the relation between legal reasoning and character virtues, identifying the points of contact between legal reasoning and the possession of intellectual and moral virtues describing the different modes of interaction between them, and discussing some of the virtues that have been said to play a crucial role in legal decision-making,
openaire +1 more source
This paper addresses the relation between legal reasoning and character virtues, identifying the points of contact between legal reasoning and the possession of intellectual and moral virtues describing the different modes of interaction between them, and discussing some of the virtues that have been said to play a crucial role in legal decision-making,
openaire +1 more source
2022
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules.
Tom Frost +3 more
openaire +2 more sources
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules.
Tom Frost +3 more
openaire +2 more sources
On the Autonomy of Legal Reasoning*
Ratio Juris, 1993AbstractThe paper argues that reasoning according to law is an instance of moral reasoning. Several ways of understanding this claim are distinguished. A number of arguments to the effect that because of the internal logic of the law, or the special skills it involves legal reasoning should be seen as immune to moral considerations are rejected ...
openaire +1 more source
2012
AbstractThe legal profession has long claimed that there are process-based differences between legal reasoning—that is, the thinking and reasoning of lawyers and judges—and the reasoning of those without legal training. Whether those claims are sound, however, is a subject of considerable debate.
Barbara A. Spellman, Frederick Schauer
openaire +2 more sources
AbstractThe legal profession has long claimed that there are process-based differences between legal reasoning—that is, the thinking and reasoning of lawyers and judges—and the reasoning of those without legal training. Whether those claims are sound, however, is a subject of considerable debate.
Barbara A. Spellman, Frederick Schauer
openaire +2 more sources
1996
Abstract Does law have special forms of logic? Does it offer a distinctive form of reasoning? To both questions, the simplest answer is no. The forms of logic and reasoning in law are entirely familiar—the same forms as else-where. But the simplest answer is too simple.
openaire +1 more source
Abstract Does law have special forms of logic? Does it offer a distinctive form of reasoning? To both questions, the simplest answer is no. The forms of logic and reasoning in law are entirely familiar—the same forms as else-where. But the simplest answer is too simple.
openaire +1 more source
Legal Reasoning as Practical Reason
2011AbstractUnderstanding morality and understanding legal, especially judicial, reasoning each require attention to the distinctions between reason and feelings, and between making and doing. In clarifying these, this chapter considers the denial of objective goods by ‘Critical Legal Studies’; the confusion induced by ‘game’ or ‘decision’ or ‘rational ...
openaire +1 more source
1993
Abstract Many of the Realists’ writings were devoted to the questions of how lawyers and judges should think about and seek to resolve cases. In retrospect, their reflections on those matters seem to fall into two categories: criticisms of what the Realists took to be the then-dominant style of reasoning, and suggestions as to how ...
William W Fisher +2 more
openaire +1 more source
Abstract Many of the Realists’ writings were devoted to the questions of how lawyers and judges should think about and seek to resolve cases. In retrospect, their reflections on those matters seem to fall into two categories: criticisms of what the Realists took to be the then-dominant style of reasoning, and suggestions as to how ...
William W Fisher +2 more
openaire +1 more source