publication . Research . Part of book or chapter of book . 2012

Defeasibility in Legal Reasoning

Giovanni Sartor;
Open Access English
  • Published: 06 Sep 2012
  • Publisher: European University Institute
  • Country: Italy
Abstract
This chapter provides a logical analysis of defeasible reasoning. First it introduces the notion of a reasoning schema, and considers how ratiocination proceeds according to the reasoning schemata adopted by the concerned agent. It then distinguishes conclusive and defeasible reasoning, and argues that cognitive agents need to engage in defeasible reasoning for coping with a complex and changing environment. It analyzes the process of defeasible reasoning considering collisions of reasons, defeat, preference-based reasoning and reinstatement, as well as the distinction between rebutting and undercutting. Finally, it considers defeasibility in practical and legal...
Subjects
free text keywords: Legal reasoning, defeasibility, DEFEASIBLE REASONING, RATIOCINATION, CONCLUSIVE REASONING, LEGAL PROBLEM-SOLVING, Practical reason, Epistemology, Deductive reasoning, Psychology of reasoning, Law, Adaptive reasoning, Analytic reasoning, Reasoning system, Case-based reasoning, Philosophy
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publication . Research . Part of book or chapter of book . 2012

Defeasibility in Legal Reasoning

Giovanni Sartor;