Most analyses of legal reasoning and legal argumentation have focused on the application of rules, or on teleological reasoning. Here we shall focus on a different form of reasoning, which, though often neglected, represents an important aspect of legal argumentation. This consists in referring to what we shall call factors, or factor/outcome-links. After characterising the notion of a factor, distinguishing in particular between binary factors and scalable ones (dimension) we shall provide an account of the use of factors in legal reasoning.
G. Sartor (2005). Reasoning with Factors. ARGUMENTATION, 19, 417-432 [10.1007/s10503-005-0509-8].
Reasoning with Factors
SARTOR, GIOVANNI
2005
Abstract
Most analyses of legal reasoning and legal argumentation have focused on the application of rules, or on teleological reasoning. Here we shall focus on a different form of reasoning, which, though often neglected, represents an important aspect of legal argumentation. This consists in referring to what we shall call factors, or factor/outcome-links. After characterising the notion of a factor, distinguishing in particular between binary factors and scalable ones (dimension) we shall provide an account of the use of factors in legal reasoning.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
