Comparing Alternatives in the Law

J.C. Hage

doi:10.1007/s10506-005-6926-z

Comparing Alternatives in the Law

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Abstract

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 formalisation of rbl, to make rbl suitable for dealing with qcr. The paper concludes with a brief discussion of related work.

Original language	English
Pages (from-to)	181-225
Journal	Artificial Intelligence and Law
Volume	12
DOIs	https://doi.org/10.1007/s10506-005-6926-z
Publication status	Published - 1 Jan 2005

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10.1007/s10506-005-6926-z

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AB - 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 formalisation of rbl, to make rbl suitable for dealing with qcr. The paper concludes with a brief discussion of related work.

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