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56Law, Morals and DefeasibilityRatio Juris 13 (3): 305-325. 2000.This paper gives a logical characterization of the interrelation between law and morals. To this purpose it first outlines a logic for defeasible reasoning with rules and principles and illustrates the operation of this logic in the field of law. Then it offers a brief argument why law and morals are interrelated. This paper ends by showing how the logic for defeasible reasoning provides tools to logically characterize some aspects of the interrelation between law and morals.
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1Dick WP Ruiter. Institutional Legal Facts: Legal Powers and Their EffectsArtificial Intelligence and Law 7 (4): 377-385. 1999.
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55Rule consistencyLaw and Philosophy 19 (3): 369-390. 2000.This paper develops the theory that a set of rules is consistent if it is not possible that (1) the conditions of the rules in the set are all satisfied, (2) there is no exception to either one of the rules, and (3) the consequences of the rules are incompatible. To this purpose the notion of consistency is generalised to make it cover rules and is relativised to some background of constraints.This theory is formalised by means of Rule Logic, in which rules are treated as constraints on the poss…Read more
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54Stefano Bertea George Pavlakos (eds.), New Essays on the Normativity of LawNetherlands Journal of Legal Philosophy 41 (2): 177. 2012.
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Legal transactions and the legal oughtIn Jerzy Stelmach & Bartosz Brożek (eds.), The normativity of law, Copernicus Center Press. 2011.
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10Ter herinnering aan Bob Brouwer, een introductieNetherlands Journal of Legal Philosophy 38 (1): 3-4. 2009.In an editorial article the editors supply a commentary on the topics covered in the journal
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8Rule ConsistencyLaw and Philosophy 19 (3): 369-390. 2000.This paper develops the theory that a set ofrules is consistent if it is not possible that (1)the conditions of the rules in the set are allsatisfied, (2) there is no exception to either one ofthe rules, and (3) the consequences of the rules areincompatible. To this purpose the notion ofconsistency is generalised to make it cover rulesand is relativised to some background of constraints.This theory is formalised by means of Rule Logic, inwhich rules are treated as constraints on thepossible worl…Read more
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26Law and CoherenceRatio Juris 17 (1): 87-105. 2004.This paper deals with the questions of whether the law should be coherent and what this coherence would amount to. In this connection so‐called “integrated coherentism” is introduced. According to integrated coherentism, an acceptance set is coherent if and only if it contains everything that should rationally be accepted according to what else one accepts and does not contain anything that should rationally be rejected according to what else one accepts. Such an acceptance set is ideally a theo…Read more
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De betekenis van juridische statuswoordenNetherlands Journal of Legal Philosophy 37 (1): 13-28. 2008.
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148A theory of legal reasoning and a logic to matchArtificial Intelligence and Law 4 (3-4): 199-273. 1996.This paper describes a model of legal reasoning and a logic for reasoning with rules, principles and goals that is especially suited to this model of legal reasoning. The paper consists of three parts. The first part describes a model of legal reasoning based on a two-layered view of the law. The first layer consists of principles and goals that express fundamental ideas of a legal system. The second layer contains legal rules which in a sense summarise the outcome of the interaction of the prin…Read more
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28A model of juridical acts: part 2: the operation of juridical acts (review)Artificial Intelligence and Law 19 (1): 49-73. 2011.This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. This second part of the paper deals in some detail with the operation of juridical acts. Topics dealt with include: power and competence, capacity, form requirements, partial validity, avoidance and representation
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28Introduction to the special issue on machine lawArtificial Intelligence and Law 25 (3): 251-253. 2017.
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34Comparing alternatives in the lawArtificial Intelligence and Law 12 (3): 181-225. 2004.This paper argues the thesis that a particular style of reasoning, qualitative comparative reasoning (QCR), plays a role in at least three areas of legal reasoning that are central in AI and law research, namely legal theory construction, case-based reasoning in the form of case comparison, and legal proof. The paper gives an informal exposition of one particular way to deal with QCR, based on the author’s previous work on reason-based logic (RBL). Then it contains a substantially adapted formal…Read more
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17Anything Goes: An Apology for Parallel Distributed Legal ScienceInformal Logic 36 (3): 271-287. 2016.Doctrinal legal science seems to lack a proper method and purpose. This interpretation clarifies its value. The backbone of the argu- ment consists of two theses. The first is that coherence—in a sense unusu- al in law—plays a crucial role in legal science. The second is that doctrinal legal science is a social enterprise and this should be consid- ered in attempts to understand it. Based on these, a picture of doctrinal legal science is given consisting of parallel distributed constructions of …Read more
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14Apropos of A Treatise of Legal Philosophy and General Jurisprudence: Volume 5Ratio Juris 20 (3): 432-441. 2007.
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32A model of juridical acts: part 1: the world of law (review)Artificial Intelligence and Law 19 (1): 23-48. 2011.This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. Because juridical acts will be analyzed as intentional changes in the world of law, the ‘furniture’ of this world, that consists broadly speaking of entities, facts and rules, plays a central role in the analysis. This first part of the paper deals with this furniture and its philosophical unde…Read more