Author	Hage, Jaap C. author
Title	Reasoning with Rules [electronic resource] : An Essay on Legal Reasoning and Its Underlying Logic / by Jaap C. Hage
Imprint	Dordrecht : Springer Netherlands : Imprint: Springer, 1997
Connect to	http://dx.doi.org/10.1007/978-94-015-8873-7
Descript	XIV, 266 p. online resource

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

I Introduction -- II Of Reasons -- III Reasoning with Rules -- IV Reason-Based Logic -- V Applications of Reason-Based Logic -- VI Concluding Observations -- References -- Index of Names -- Index of Subjects

1. Law
2. Logic
3. Political science
4. Artificial intelligence
5. Computers
6. Law and legislation
7. Law -- Philosophy
8. Law
9. Theories of Law
10. Philosophy of Law
11. Legal History
12. Logic
13. Legal Aspects of Computing
14. Artificial Intelligence (incl. Robotics)
15. Philosophy of Law