2005Unpublished venueRequires access

On Defeasible Reasoning in Law

Qiu Zhaoj

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Abstract

Defeasible reasoning is a new subject in legal method. Defeasible reasonings which have influence in many fields as an independent reasoning mode is supported by three theory to happen. First, 'linguistic turn' of philosophy; Second, Deepening studying in artificial intelligence; Third, monotonic legal reasoning turn to non-monotonic legal reasoning. Defeasible reasoning is widely used in legal reasoning. According to the different levels of legal reasoning, Defeasible reasoning can be divided into three faces: inference-based defeasibility; process-based defeasibility; theory-based defeasibility.

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What this paper is about

Defeasible reasoning is a new subject in legal method. Defeasible reasonings which have influence in many fields as an independent reasoning mode is supported by three theory to happen. First, 'linguistic turn' of philosophy; Second, Deepening studying in artificial intelligence; Third, monotonic legal reasoning turn to non-monotonic legal reasoning. Defeasible reasoning is widely used in legal reasoning. According to the different levels of legal reasoning, Defeasible reasoning can be divided into three faces: inference-based defeasibility; process-based defeasibility; theory-based defeasibility.

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Available abstract

Defeasible reasoning is a new subject in legal method. Defeasible reasonings which have influence in many fields as an independent reasoning mode is supported by three theory to happen. First, 'linguistic turn' of philosophy; Second, Deepening studying in artificial intelligence; Third, monotonic legal reasoning turn to non-monotonic legal reasoning. Defeasible reasoning is widely used in legal reasoning. According to the different levels of legal reasoning, Defeasible reasoning can be divided into three faces: inference-based defeasibility; process-based defeasibility; theory-based defeasibility.

Key concepts: Defeasible reasoning, Defeasible estate, Non-monotonic logic, Analytic reasoning, Deductive reasoning, Inference, Reasoning system, Computer science

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