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Normative conflicts in legal reasoning

Normative conflicts in legal reasoning This article proposes a formal analysis of a fundamental aspect of legal reasoning: dealing with normative conflicts. Firstly, examples are illustrated concerning the dynamics of legal systems, the application of rules and exceptions, and the semantic indeterminacy of legal sources. Then two approaches to cope with conflicting information are presented: the preferred theories of Brewka, and the belief change functions of Alchourrón, Gärdenfors, and Makinson. The relations between those approaches are closely examined, and some aspects of a model of reasoning with normative conflicts are outlined. Since this model takes into account an ordering of the involved regulations, criteria to order legal norms are finally specified. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Artificial Intelligence and Law Springer Journals

Normative conflicts in legal reasoning

Artificial Intelligence and Law , Volume 1 (3) – May 13, 2004

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Publisher
Springer Journals
Copyright
Copyright
Subject
Computer Science; Artificial Intelligence; IT Law, Media Law, Intellectual Property; Philosophy of Law; Legal Aspects of Computing; Information Storage and Retrieval
ISSN
0924-8463
eISSN
1572-8382
DOI
10.1007/BF00114921
Publisher site
See Article on Publisher Site

Abstract

This article proposes a formal analysis of a fundamental aspect of legal reasoning: dealing with normative conflicts. Firstly, examples are illustrated concerning the dynamics of legal systems, the application of rules and exceptions, and the semantic indeterminacy of legal sources. Then two approaches to cope with conflicting information are presented: the preferred theories of Brewka, and the belief change functions of Alchourrón, Gärdenfors, and Makinson. The relations between those approaches are closely examined, and some aspects of a model of reasoning with normative conflicts are outlined. Since this model takes into account an ordering of the involved regulations, criteria to order legal norms are finally specified.

Journal

Artificial Intelligence and LawSpringer Journals

Published: May 13, 2004

References