By Jaap Hage
Studies in felony good judgment is a suite of 9 interrelated papers concerning the good judgment, epistemology and ontology of legislation. the entire papers have been written after the e-book of the author’s Reasoning with principles and complement the problems addressed therein. many of the papers are new; others were revised considerably after the ebook in their unique types. The emphasis is on research, no longer on logical technicalities.
Studies in felony common sense includes chapters in regards to the nature of norms, the position of coherence within the legislation, the character of defeasibility, the function of dialectics in legislations and synthetic intelligence, the statics and dynamics of the legislations, and the consistency of ideas. in addition, it incorporates a new, simplified and but extra strong model of Reason-based common sense and huge examples of the way it may be used for the research of felony reasoning. The examples take care of criminal thought building, case-based reasoning, and judicial proof.
Studies in criminal common sense is basically meant for researchers and scholars within the fields of analytical jurisprudence and synthetic intelligence and legislations. it may even be of curiosity for readers drawn to the philosophy of common sense and epistemology.
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Extra info for Studies in Legal Logic (Law and Philosophy Library)
Example text
There are three objections that can be raised against this approach. The first objection is that if one wants to use logic to model justification, logic has the task to answer the question whether acceptance of some belief is justified in the light of one’s other beliefs. These other beliefs are in this connection fixed. If a normality hypothesis N is added, the question has changed. It is not anymore whether conclusion C is justified in the light of belief set B, but whether C is justified in the light of B + N.
Justification defeasibility deals with the relation ‘is justified by’, between a belief set and a belief, where non-monotonicity deals with the relation ‘is derivable from’, between a set of sentences and a sentence. At first sight, therefore, there is much to say for logically representing justification defeat by means of a non-monotonic logic. Nevertheless some authors have objected to this approach and it is worthwhile to look into their reasons for protesting. 1 Alchourrón’s criticism of non-monotonic logic Non-monotonic logics were developed to deal with the defeasibility of arguments, both inside and outside the law.
Because the justification of this conclusion on basis of these premises is defeasible, one might want to add the normality hypothesis to the premises, to make the argument deductively valid. 39 Since it is precisely the point of the argument to establish that John is punishable, it makes little 39 This would only be different if there were an exhaustive list of all exceptional circumstances. 28 Law and defeasibility t sense to include a normality hypothesis in the premises that presupposes the truth of the conclusion.