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de Oliveira Costa, Rafael. "Towards a Metatheoretical Postmodern Approach to Legal Reasoning." ATHENS JOURNAL OF LAW 7, no. 1 (December 31, 2020): 91–104. http://dx.doi.org/10.30958/ajl.7-1-5.
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This paper focuses on legal reasoning, arguing that although methodological theories are important, they are not enough to explain how to reason in law. In fact, because the different philosophical perspectives vary so significantly in their ability to resolve legal conflicts, when a less “adapted” perspective decides a legal question, the results can be disastrous. Thus, this paper inaugurates a new attitude, stating that a general philosophical perspective is the only way out. Relying on a metatheoretical postmodern approach, it argues that logic, analysis, argumentation and hermeneutics are complementary theories that offer a unique perception of law. It concludes that the approach proposed makes possible not only a comprehensive view of the way legal reasoning behaves, but more than this, a proportionate flexibility to both civil and common law systems. Keywords: Paraconsistent Logic; Metatheoretical Postmodern Approach; Metatheoretical Perspective; Paraconsistent Deontic Logic; Ontological Hermeneutics
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Vasylevska, Halyna. "DIVERGENT CHARACTERISTICS OF DERIVATIVES OF STATE FISCAL SPACE: SEQUENCE OF TERMS." Economic Analysis, no. 28(1) (2018): 120–32. http://dx.doi.org/10.35774/econa2018.01.120.
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Introduction. Inconsistency of certain terms and concepts often become the key questions in scientific theories research. Semantic explanation of some definition can become a subject of the controversial discussions. In this case, the problem can be transformed into the practical area especially if some miscomprehension must be agreed in the legal field. Purpose. The article aims to define the key positions on the generalization of the essence of specific economic terms in the context of fiscal space exploration, to determine the corresponding conceptual apparatus in order to prevent the use of some definitions as synonymous ones, the concepts substitution, and the formation of inadequate reasoning, which can become the basis for false conclusions. Method (methodology). In order to reach the goal of the research we have used the different methods. They are the axiomatic method (one of the ways of deductive formation of fiscal theory when the system of key terms is formulated); the empirical method (to realize the theoretical analyses of key definitions, to consider fiscal space derivatives, to form the vision of their nature and to present the author’s definition). Results. Current trends of development of fiscal science have been analysed in the article. Problems of inconsistency of the conceptual apparatus have been considered. It has been proposed the definition of the basic terminology concepts. They are fiscal environment, sufficient fiscal space, optimal fiscal space, fiscal environment, etc. The necessity of rethinking the theoretical foundations of the formation of the modern theory and concepts of the fiscal space of the state in the context of the interconnection of its components has been emphasized. The main macroeconomic factors, which forbid formation of the positive fiscal environment in Ukraine have been outlined and analysed in the research. The factors, which influence its formation and functioning in the state, have been determined. The existence of an appropriate optimal space under conditions of fiscal expansion has been demonstrated and grounded. The phenomenon of "tax devastation", which arises because of an increase in the tax burden on the real sector of the economy, national production, and labour, has been investigated.
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Leiter, Brian. "LEGAL FORMALISM AND LEGAL REALISM: WHAT IS THE ISSUE?" Legal Theory 16, no. 2 (June 2010): 111–33. http://dx.doi.org/10.1017/s1352325210000121.
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In teaching jurisprudence, I typically distinguish between two different families of theories of adjudication—theories of how judges do or should decide cases. “Formalist” theories claim that (1) the law is “rationally” determinate, that is, the class of legitimate legal reasons available for a judge to offer in support of his or her decision justifies one and only one outcome either in all cases or in some significant and contested range of cases (e.g., cases that reach the stage of appellate review); and (2) adjudication is thus “autonomous” from other kinds of reasoning, that is, the judge can reach the required decision without recourse to nonlegal normative considerations of morality or political philosophy. I also note that “formalism” is sometimes associated with the idea that judicial decision-making involves nothing more than mechanical deduction on the model of the syllogism—Beccaria, for example, expresses such a view. I call the latter “Vulgar Formalism” to emphasize that it is not a view to which anyone today cares to subscribe.
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Bench-Capon, Trevor, and Giovanni Sartor. "A model of legal reasoning with cases incorporating theories and values." Artificial Intelligence 150, no. 1-2 (November 2003): 97–143. http://dx.doi.org/10.1016/s0004-3702(03)00108-5.
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Del Mar, Maksymilian. "The Role and Value of Coherence in Theories of Legal Reasoning." Ratio Juris 30, no. 4 (November 22, 2017): 491–506. http://dx.doi.org/10.1111/raju.12180.
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Raitt, George. "Insights for Legal Reasoning from Studies of Literary Adaptation and Intertextuality." Deakin Law Review 18, no. 1 (August 1, 2013): 191. http://dx.doi.org/10.21153/dlr2013vol18no1art62.
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Legal theorists advance conflicting theories to explain judicial reasoning, for example, that judges’ decisions are constrained but not determined by legal materials, that judges do not apply legal principles but make value judgments, and that they make pragmatic judgments based on an assessment of the consequences of their decisions. Like cases should be decided alike, but theorists disagree on the role of analogy in legal reasoning and how one determines which similarities and differences are relevant. Judicial decisions revise and adapt previously decided cases. The concept of fidelity to precedent in legal reasoning can be illuminated by recent research into fidelity to source in adaptation studies. Research into literary adaptations shows that similarity and difference are not mutually exclusive and that an analysis of differences may undermine determinations of relevant similarity. By reading decided cases as intertextually situated adaptations, underlying views of the world that might not otherwise be evident in judicial reasoning can be interrogated.
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Samuel, Geoffrey. "Can legal reasoning be demystified?" Legal Studies 29, no. 2 (June 2009): 181–210. http://dx.doi.org/10.1111/j.1748-121x.2009.00124.x.
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The purpose of this paper is to examine a new work on legal reasoning by two American jurists whose aim is to ‘demystify’ it. The paper will not dispute the authors' central thesis that the existence of special forms of reasoning in law is false, but it will argue that a social science epistemologist would find their analysis at best inadequate. It will be argued that legal reasoning is not just reasoning from and about rules; it is also reasoning about facts and about the construction of factual situations. Consequently, it is vital for anyone wishing to have a serious understanding of how lawyers reason to have a familiarity with how social scientists, and indeed natural scientists, reason about fact. Such reasoning certainly involves induction, deduction and analogy but these methods are by no means adequate as an epistemological framework; schemes of intelligibility and paradigm orientations are equally important. If there is one paradigm orientation that is special to certain disciplines like theology and law, it is the authority paradigm, an orientation that must be distinguished from an inquiry paradigm. The problem with works by legal philosophers on legal reasoning is, it will be implied, that they are often conducted from within the authority paradigm and that this, in the end, prevents any demystification.
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Xifaras, Mikhail. "TheGlobal Turnin Legal Theory." Canadian Journal of Law & Jurisprudence 29, no. 1 (February 2016): 215–43. http://dx.doi.org/10.1017/cjlj.2016.8.
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Familiar legal theories are epistemologically and politically stato-centric theories; they aim to rationalize intra- and inter-national legal systems. If this Westphalian approach were to be abandoned, then its replacement might be called Global Law, which invites theorizing that is not stato-centric. When that change happens, one would talk about aGlobal Turnin legal theory. Describing this turn is the aim of the paper.This description is articulated around two ideas about the history and geography of the globalizing of Law, and three intuitions about the fate of legal theory itself once thisGlobal Turnis taken. Namely, how theorizing Law from this perspective leads to focus on what is emerging and circulating, how the aesthetics of legal thinking shifts towards perspectivism and dissociation, and how more pluralistic, eclectic and pragmatic modes of reasoning and arguing about Law become dominant. What follows is neither a substantial or positivistic analysis, nor a prediction or a wish, but an attempt to point out tendencies which might be essential features of contemporary legal thinking.
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Woerner, David, Samir Armaly, Alley Butler, and David Fischer. "A comparative study of uncertainty methods for legal reasoning." International Journal of Intelligent Systems 14, no. 12 (December 1999): 1269–92. http://dx.doi.org/10.1002/(sici)1098-111x(199912)14:12<1269::aid-int7>3.0.co;2-7.
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Atias, Christian. "Quand dire, c'est faire l'inverse de ce qu'on dit. Une critique de l'opposition entre théorie et pratique juridiques." Les Cahiers de droit 28, no. 1 (April 12, 2005): 89–108. http://dx.doi.org/10.7202/042794ar.
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This study is based on the following assumption : some legal theories are upset and then turned against the very interests they were supposed to defend. This phenomenon is quite revealing of the nature of the legal process and how legal thinking works. Many explanations have been advanced, however, they all have been rejected since they presume a unity of knowledge and, without proving their point, they assimilate legal reasoning into other sciences that are presented as models for legal thinkers. The upsetting of legal theories may be explained due to the extreme complexity found in the meaning of words used to express legal concepts: this produces a semantic sedimentation with lasting and multiple virtual meanings without there being any way of guessing which one meaning may prevail in any given set of circumstances.
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Basri, Basri. "Legal Reasoning Pattern Based On Trancendental Values : A Reflection on Legal Reasoning Based on Positivism Values." Journal of Transcendental Law 1, no. 1 (September 20, 2019): 58–70. http://dx.doi.org/10.23917/jtl.v1i1.8694.
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Purpose of the study: This article aims at finding out the pattern of legal penalties for transcendental valuesMethodology: This research is conducted using descriptive philosophical normative study methods. As a secondary legal material, this writing draws on literature, papers, journals, and research related to this writing.Main Findings: Positivism-based legal reasoning has failed to accommodate all the interests and legal needs of the community in realizing justice and prosperity. The pattern of legal reasoning based on transcendental values is a choice because it is related to the understanding that places the law for justice and public welfare.Applications of this study: This study can give benefit to thinkers in the field of legal studies thinking to make a breakthrough in the formation of new lawsNovelty/Originality of this study: The use of the basics of transcendental law can be made as a new breakthrough to realize a just and prosperous law
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Benzmüller, Christoph, Xavier Parent, and Leendert van der Torre. "Designing normative theories for ethical and legal reasoning: LogiKEy framework, methodology, and tool support." Artificial Intelligence 287 (October 2020): 103348. http://dx.doi.org/10.1016/j.artint.2020.103348.
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Dalberg-Larsen, Jørgen. "Torben Spaak: Guidance and Constraint. The Action-Guiding Capacity of Theories of Legal Reasoning." Tidsskrift for Rettsvitenskap 121, no. 02 (August 25, 2008): 253–57. http://dx.doi.org/10.18261/issn1504-3096-2008-02-10.
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Butler, Brian E. "Herman Oliphant, stare decisis and the primacy of pragmatics in legal reasoning (with a brief excursion into neuropragmatics)." Intercultural Pragmatics 16, no. 3 (May 27, 2019): 319–33. http://dx.doi.org/10.1515/ip-2019-0016.
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Abstract Capone and Bucca argue that legal interpretation can go significantly wrong when founded upon a false conception of language and linguistic practices. This claim is correct. Specifically, semantic-based theories of linguistic meaning that are based upon the idea that a “core” semantic meaning can be identified outside of context and then needs to be “pragmatically enriched” for specific applications get the project of understanding language use in the legal context profoundly backwards. This paper emphasizes the primacy of an embedded pragmatics over other conceptions of linguistic meaning and practice in law. Herman Oliphant, in “A Return to Stare Decisis” offers an argument that helps strengthen the claim for the “primacy of pragmatics” in law. His work also shows that if the primacy of pragmatics is accepted, not only does this have significant impact upon actual legal practice, but it also highlights worrisome blind spots in currently dominant philosophical theories of law. His argument is that a conception of law that is centered upon such an appeal to principle, stare dictis, leads to a legal practice based upon distorting abstractions and a false conception of language use in law pulled out of its worldly roots. Because of this, he argues that stare dictis is detrimental to a living and empirically effective and informed legal system. Hence the need for a return of stare decisis properly understood. His article gives some grounds for critiquing many dominant philosophical theories of law. Oliphant’s theory is, importantly, compatible with, and supported by, a picture of language use offered by Jaszczolt and recent work in neuropragmatism. This, in turn, can be thought as further verification of Capone and Buccas’ assertion that the adoption of a false theory of language can have far ranging and detrimental effects upon legal practice and legal theory.
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Leiter, Brian. "Legal Indeterminacy." Legal Theory 1, no. 4 (December 1995): 481–92. http://dx.doi.org/10.1017/s1352325200000227.
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To say that the law is indeterminate is to say that the class of legal reasons (hereafter “the Class”) is indeterminate. The Class, in turn, consists of four components:1. Legitimate sources of law (e.g., statutes, constitutions, court decisions, social policy, morality);2. Legitimate interpretive operations that can be performed on the sources in order to generate rules of law (e.g., proper methods of interpreting statutes or prior cases or of reasoning about moral concepts as these figure in the sources);3. Legitimate interpretive operations that can be performed on the facts of record in order to generate facts of legal significance (e.g., proper ways of grouping and categorizing fact situations for purposes of legal analysis); and4. Legitimate rational operations that can be performed on facts and rules of law to finally yield particular decisions (e.g., deductive reasoning).
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Wu, Jingjing. "In the Name of Anthills and Beehives: An inquiry into the concept of rights of nature and its reasoning." REVISTA CUHSO 30, no. 1 (July 23, 2020): 145–62. http://dx.doi.org/10.7770/cuhso.v30i1.2120.
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In this paper, I first investigate rights of nature legislation in Ecuador and Bolivia, namely the Constitution of the Republic of Ecuador 2008, Bolivia Law of the Rights of Mother Earth 2010, and the Framework Law of Mother Earth and Integral Development for Living Well 2012. I apply a two-pronged analytical approach to these legal texts, which investigates the characteristics of such rights and the logic of the supporting reasoning. By reading into the legal texts, I argue that: (a) the characteristic of rights of nature as codified in these legislation is human (fundamental) rights; and (b) the main reasoning to support such right-status is spiritual reasoning that is largely based on the indigenous cosmovision. I then turn to some iconic declarations on human rights and natural rights theories, which shows the concept of “human rights” is almost impenetrable when it comes to the idea of “human”. I conclude this paper by indicating that in order to give rights of nature a solid ground in our current legal systems, we have to rethink the ground of human rights.
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Badru, R. O., and T. R. Eegunlusi. "Colonial Legal Reasoning in the Post-Colonial African State: A Critique and a Defense of the Argument from African Metaphysical Epistemology." Thought and Practice 7, no. 2 (October 8, 2016): 11–39. http://dx.doi.org/10.4314/tp.v7i2.3.
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This article focuses on legal reasoning and legal epistemology within the African context. It examines the system of legal justice in post-colonial Africa and submits that because of the colonial legacy, post-colonial African legal reasoning is methodologically founded on empiricism and positivism. It avers that despite its merit of scientific objectivity, such legal reasoning is largely incapable of addressing offences committed through the manipulation of metaphysical realities or other forms of covert criminalities and wrongdoing. Consequently, the article proposes that the methodology of African metaphysical epistemology be adopted to complement the colonial methodology of legal reasoning in Africa, as it has the advantageous result of helping in the search for truth concerning such offences, thereby promoting the delivery of effective legal justice, and thus contributing significantly to the development of a balanced and reliable justice system in contemporary African societies. The methods of critical analysis, reflective argumentation and oral interview were adopted to pursue the goals of the study. KeywordsAfrica, Argument, Legal Epistemology, Legal Reasoning, Metaphysics
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HÄYRY, MATTI. "Neuroethical Theories." Cambridge Quarterly of Healthcare Ethics 19, no. 2 (March 12, 2010): 165–78. http://dx.doi.org/10.1017/s0963180109990430.
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Neuroethics addresses moral, legal, and social questions created or highlighted by theoretical and practical developments in neuroscience. Practices in need of scrutiny currently include at least brain imaging with new techniques, chemical attempts to shift exceptional brain function toward normality, chemical attempts to enhance ordinary brain function beyond normality, and brain manipulation by other methods.
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Ribarsky, William, Brian Fisher, and William M. Pottenger. "Science of Analytical Reasoning." Information Visualization 8, no. 4 (January 2009): 254–62. http://dx.doi.org/10.1057/ivs.2009.28.
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There has been progress in the science of analytical reasoning and in meeting the recommendations for future research that were laid out when the field of visual analytics was established. Researchers have also developed a group of visual analytics tools and methods that embody visual analytics principles and attack important and challenging real-world problems. However, these efforts are only the beginning and much study remains to be done. This article examines the state of the art in visual analytics methods and reasoning and gives examples of current tools and capabilities. It shows that the science of visual analytics needs interdisciplinary efforts, indicates some of the disciplines that should be involved and presents an approach to how they might work together. Finally, the article describes some gaps, opportunities and future directions in developing new theories and models that can be enacted in methods and design principles and applied to significant and complex practical problems and data.
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Setiawan, Agus. "PENALARAN HUKUM YANG MAMPU MEWUJUDKAN TUJUAN HUKUM SECARA PROPORSIONAL." Jurnal Hukum Mimbar Justitia 3, no. 2 (December 30, 2017): 204. http://dx.doi.org/10.35194/jhmj.v3i2.257.
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On the activity of legal reasoning, legal objective embodiment in the form of: justice, legal certainty, and kemanfaaan sometimes not achieved proportionately or even forgot or did not understand that the purpose of law should be the third contained proportionally in any legal ruling. The third objective will be achieved proportionately, by finding the point of the link between the reasoning of the law with the purpose of the law, the law of nature and the methods used to achieve the third objective of the law.The research was carried out using the method of legal research is research that is interdisciplinary collaboration and integration of the disciplines of law and other disciplines, which in this case is a philosophy. This research is a study of the legal reasoning of how capable of realizing justice, legal certainty and benefit proportionately. Therefore the examined was how the point links between legal reasoning with the purpose of the law, as well as what is the meaning of the law (the ontological aspect) and what is the method to achieve it (epistemological aspect).Research proves that there is a link between the point of law raised by Gustav Radbruch, namely: justice, legal certainty, and the benefit with the aksiologis of models of legal reasoning advanced by Shidarta. With regard to the activity of the legal reasoning that is capable of realizing justice, legal certainty, and benefit proportionally; found that all the arguments of yuridik which is a legal ruling made by establishing practical law was supposed to interpret the law as positive norms within the system of legislation that pay attention to the principles of truth and justice universal or moral, the behavioral pattern of the terlembaga, and the symbolic meanings of social actors.Whereas the epistemological aspects of the law which is its method is deductive reasoning patterns doctrinal-in order to be empowered in order to achieve legal certainty and fairness as well as simultaneously using inductive reasoning patterns nondoktrinal-so are empowered to achieve benefit. The pattern of reasoning is identical with the model of thought problematic tersistematisasi. Keywords: Law, Proportional Reasoning, the purpose of the law.
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Silva Santos, Silas, Geovanna Carrijo dos Santos Dalefi Andrade, Thaiza Akemi Pereira, Fernando da Costa Machado Filho, and Leticia Rodrigues Biassoti. "EXCESSIVA ONEROSIDADE SUPERVENIENTE: UMA ANÁLISE À LUZ DA JURISPRUDÊNCIA DO SUPERIOR TRIBUNAL DE JUSTIÇA." Colloquium Socialis 4, no. 4 (February 18, 2021): 84–99. http://dx.doi.org/10.5747/cs.2020.v4.n4.s113.
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This article seeks to reflect on the theories that justify the application of the supervening excessive onerosity in the Brazilian legal system in the light of cases decided by the Superior Court of Justice, investigating the importance of the jurisprudence in the application of the studied. The qualitative research is applied with the use of the dialectical method and data collection through bibliographic research, also using the syllogism reasoning. It was observed that the contracting parties should consider the existing risks in the legal business, so that the theory of unpredictability is applied in a subsidiary manner, prevailing the autonomy of will.
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Merino-Sancho, Victor. "Cartography of Critical Legal Theories: Notes for a Reflection on the Relation between Law and Power." Age of Human Rights Journal, no. 16 (June 14, 2021): 242–62. http://dx.doi.org/10.17561/tahrj.v16.6040.
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This paper proposes an identification of the main arguments suggested by certain critical theories concerning the relationship between law and power. In order to (re)think the function of law as an instrument not only of power, but as an element of social transformation, we promote here a reflection on aspects raised by these theories; among others, the same notion of power, oppression, intersectionality or decoloniality. These categories are relevant to examine how law regulates the experiences of discrimination of specific social groups, highlighting the intimate relationship between the social contexts, the premises and the legal answers. To do so, we examine in particular how asylum law responds to claims grounded on sexual orientation and gender identity. Finally, this reasoning suggests a conception of law oriented to action and the social change.
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Zhong, Haoxi, Chaojun Xiao, Cunchao Tu, Tianyang Zhang, Zhiyuan Liu, and Maosong Sun. "JEC-QA: A Legal-Domain Question Answering Dataset." Proceedings of the AAAI Conference on Artificial Intelligence 34, no. 05 (April 3, 2020): 9701–8. http://dx.doi.org/10.1609/aaai.v34i05.6519.
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We present JEC-QA, the largest question answering dataset in the legal domain, collected from the National Judicial Examination of China. The examination is a comprehensive evaluation of professional skills for legal practitioners. College students are required to pass the examination to be certified as a lawyer or a judge. The dataset is challenging for existing question answering methods, because both retrieving relevant materials and answering questions require the ability of logic reasoning. Due to the high demand of multiple reasoning abilities to answer legal questions, the state-of-the-art models can only achieve about 28% accuracy on JEC-QA, while skilled humans and unskilled humans can reach 81% and 64% accuracy respectively, which indicates a huge gap between humans and machines on this task. We will release JEC-QA and our baselines to help improve the reasoning ability of machine comprehension models. You can access the dataset from http://jecqa.thunlp.org/.
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PRENDINGER, HELMUT, MITSURU ISHIZUKA, and GERHARD SCHURZ. "KNOWLEDGE BASE REFORMATION: PREPARING FIRST-ORDER THEORIES FOR EFFICIENT PROPOSITIONAL REASONING." International Journal of Pattern Recognition and Artificial Intelligence 14, no. 01 (February 2000): 35–57. http://dx.doi.org/10.1142/s0218001400000052.
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We present an approach to knowledge compilation that transforms a function-free first-order Horn knowledge base to propositional logic. This form of compilation is important since the most efficient reasoning methods are defined for propositional logic, while knowledge is most conveniently expressed within a first-order language. To obtain compact propositional representations, we employ techniques from (ir)relevance reasoning as well as theory transformation via unfold/fold transformations. Application areas include diagnosis, planning, and vision. Preliminary experiments with a hypothetical reasoner indicate that our method may yield significant speed-ups.
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Hardjaloka, Loura. "Legal Reasoning Pada Perkara Pengujian Undang-Undang (Studi Perbandingan)." Jurnal Konstitusi 12, no. 1 (May 20, 2016): 94. http://dx.doi.org/10.31078/jk1216.
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Article 24 C of Third Amendment of Constitution Law 1945 is the basis of the Constitutional Court to give the final and binding decision in terms of law examination against Constitution Law 1945. Constitutional Court has a restriction to not examine the nebis in idem case unless there is a different substance of Constitutional Law 1945 which is used as the based of examination. In this paper, there are 12 (twelve) Constitutional Court’s decisions on law re-examination against the Constitutional Law 1945 because using different substance of Constitutional Law 1945 as the based of examination. Based on the research, which has been conducted, there are legal reasoning differences in accepting and deciding the cases which have been decided previously which the Court uses different legal interpretation and construction in deciding the case. Thus, this paper will examine and compare legal reasoning methods which are used in deciding the case.
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Irvine, Charlie. "What do ‘lay’ people know about justice? An empirical enquiry." International Journal of Law in Context 16, no. 2 (June 2020): 146–64. http://dx.doi.org/10.1017/s1744552320000117.
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AbstractWhen mediation places decision-making power in the hands of lay disputants it raises troubling issues. Can justice be delivered without judicial assistance? What is the effect on the legal system? And how should outcomes thus achieved be regarded? Critics have tended to answer negatively, pointing to a range of harms including individual oppression and the vanishing trial. Such views, focusing too narrowly on conformity to legal norms, overlook ordinary people's capacity for justice reasoning. A recent Scottish pilot study of small-claims mediation parties illustrates the richness and complexity of their thinking around whether, and for how much, to settle. This suggests that mediation settlements, rather than representing second-class justice, may enhance the legitimacy of the legal system. Implications for theories of justice are considered.
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Gillard, Ellen, Wim Van Dooren, Walter Schaeken, and Lieven Verschaffel. "Proportional Reasoning as a Heuristic-Based Process." Experimental Psychology 56, no. 2 (January 2009): 92–99. http://dx.doi.org/10.1027/1618-3169.56.2.92.
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The present study interprets the overuse of proportional solution methods from a dual process framework. Dual process theories claim that analytic operations involve time-consuming executive processing, whereas heuristic operations are fast and automatic. In two experiments to test whether proportional reasoning is heuristic-based, the participants solved “proportional” problems, for which proportional solution methods provide correct answers, and “nonproportional” problems known to elicit incorrect answers based on the assumption of proportionality. In Experiment 1, the available solution time was restricted. In Experiment 2, the executive resources were burdened with a secondary task. Both manipulations induced an increase in proportional answers and a decrease in correct answers to nonproportional problems. These results support the hypothesis that the choice for proportional methods is heuristic-based.
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Torrance, Michael. "Persuasive Authority Beyond the State: A Theoretical Analysis of Transnational Corporate Social Responsibility Norms as Legal Reasons Within Positive Legal Systems." German Law Journal 12, no. 8 (August 1, 2011): 1573–636. http://dx.doi.org/10.1017/s2071832200017466.
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The practice of law has been challenged by the promulgation of transnational norms associated with “corporate social responsibility” (“CSR”), arising beyond the State, with little or no connection to traditional sources of positive law. These phenomena, which we will refer to as “transnational CSR norms,” are increasingly important guides to behaviour for corporate actors, despite the fact that adherence to such norms is not “required” by positive legal systems. Perhaps for this reason, transnational CSR norms are typically poorly understood and possibly underutilized in the practice of law. The purpose of this paper will be to determine, by recourse to legal theory, whether, and if so how, transnational CSR norms may be related to positive legal systems, and therefore to the practice of law. In so doing, we will seek to develop a theoretical understanding of the role transnational CSR norms can, do, and ought to play within processes of legal reasoning, particularly from the theoretical starting points offered by analytical/ positivist, and discursive theories of law.
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Ergasheva, Guli I., and Zahriddin X. Haitqulov. "A Study Of Machine Translation Theories And Methods." American Journal of Social Science and Education Innovations 2, no. 09 (September 30, 2020): 665–70. http://dx.doi.org/10.37547/tajssei/volume02issue09-102.
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The demand for language translation has greatly increased in recent times due to increasing cross-regional communication and the need for information exchange. Most material needs to be translated, including scientific and technical documentation, instruction manuals, legal documents, textbooks, publicity leaflets, newspaper reports etc. Some of this work is challenging and difficult but mostly it is tedious and repetitive and requires consistency and accuracy. It is becoming difficult for professional translators to meet the increasing demands of translation. In such a situation the machine translation can be used as a substitute. This paper intends to study methods and techniques of Machine Translation (MT). Through the following points: History of MT, Statistical MT, Types of MT, and evaluation of MT.
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Zreik, Raef. "Ronald Dworkin and Duncan Kennedy: Two Views of Interpretation." Canadian Journal of Law & Jurisprudence 32, no. 1 (February 2019): 195–234. http://dx.doi.org/10.1017/cjlj.2019.9.
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Ronald Dworkin and Duncan Kennedy represent arguably two opposing poles in legal theory. This paper offers a novel frame for reading their respective legal theories which reconceptualizes the traditional way in which they were opposed, and new ways to compare them, to understand their commonalities and their differences.While Dworkin is taken to be a champion of a theory of rights, he is also associated with a certain theory of interpretation which holds that even in hard cases judges have limited discretion and a right answer to every legal question we might reasonably encounter. Kennedy, in contrast, seems to disagree with Dworkin in every conceivable respect such as the nature of law and legal reasoning, the role of right, the relation of law to its outsides (politics/ideology), thus questioning the objectivity and neutrality of legal reasoning, and he seems to be advocating what could be termed as a “radical indeterminacy” thesis.The paper attempts reading Dworkin and Kennedy alongside each other, rather than in opposition, and so it deploys two interrelated strategies to establish such frame. One is concerned softening what appear to be rigid opposition through scrutinizing their writings, whereas the other takes stock of the common themes, presuppositions, images of law, and sensibilities that both share either explicitly or implicitly. This double strategy reveals the arguments that are attributed to them and which they themselves deny they are making. To that end, the paper unveils an unacknowledged shift toward phenomenology in legal theory that took place in the last few decades.
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Shidarta, Shidarta. "Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations." Humaniora 8, no. 1 (January 31, 2017): 97. http://dx.doi.org/10.21512/humaniora.v8i1.3700.
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Legal language must follow the laws of language (grammar) that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.
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Arifi, Besa. "THE LEGAL REASONING OF THE PRESIDENT’S RIGHT TO ISSUE PARDONS." SEEU Review 12, no. 2 (December 20, 2017): 32–61. http://dx.doi.org/10.1515/seeur-2017-0017.
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Abstract Presidential pardon has always existed in criminal law and continues to constitute a very important competence of the head of state in many modern day countries. In the past, the clemency given by the sovereign (usually the king/queen or the emperor/empress) represented an act which showed his/her mercy upon their subjects. It was often used as a tool to show the arbitrary will of the sovereign that constituted the law, rather than the law itself. Therefore, the classical school of criminal law that appeared in the 18th century and emphasized the importance of the principle of legality, opposed harshly every kind of arbitrary deciding that excluded the law at the interest of the sovereign. This school is among the only interpretations of criminal law that engages for a complete abandonment of institutes such as pardon or amnesty. The revolutionary French Penal Code of 1791, which was strongly influenced by the classical school, excluded clemency for the proved wrongs that were severely punished. However, due to imperfections of the criminal justice system, amnesty (given by the parliament) and pardon or clemency (given by the head of the state), continue to exist and to be used in modern day criminal law. They are no longer considered acts of arbitrary decisions of the sovereign, instead they should represent important instruments of criminal law, used rarely and wisely with specifically designed goals that aim to bring justice rather than deny it. However, there are many cases when these institutes have been inappropriately used in a very arrogant way which shows that the ancient regime is not yet over for some countries in which the highest institutions continue to act as old and middle age despots. This article will analyze the legal reasoning of the institution of presidential pardon. It will try to establish why the classical school was so strictly opposed to this institute making use of the studies and interpretations found in the writings of Cesare Beccaria. It will explain the philosophy of modern day institutions of amnesty and pardon and the way in which they are regulated in the legal theory and practice. The article will explain the recent developments in Macedonia in regard to the use of presidential pardon. The methods to be used consist of desk research, historical and comparative methods and analysis of legal texts, laws and judicial decisions.
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Jakab, András. "Judicial Reasoning in Constitutional Courts: A European Perspective." German Law Journal 14, no. 8 (August 1, 2013): 1215–75. http://dx.doi.org/10.1017/s207183220000225x.
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“In the beginning was the Word.” This quote from the Holy Bible also stands on the ceiling of our discipline's temple. The job of legal scholarship is interpreting, and the base of every interpretation is the word.In this paper we are going to analyze how constitutional courts are able to extract the most meaning from a, necessarily, short text, such as a constitution, with the use of sophisticated tricks, or methods, of interpretation. Partly with the help of these methods, and partly on the basis of text-independent speculations, constitutional courts and legal scholars are able to develop a system of concepts (aRechtsdogmatik, or its specific constitutional part, theVerfassungsdogmatik) considerably more sophisticated than the one of the actual text of the constitution in order to serve as a helping toolkit for the solution of future cases. After analyzing some preliminary issues in part A, the largest part of this study will deal with the different methods of constitutional interpretation in part B. Then, the nature of this conceptual system will be analyzed in part C, before turning to the question of styles of constitutional reasoning in part D. The analysis concentrates on the practice of European constitutional courts, though for purposes of classification and comparison, non-European practices will also be mentioned.
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Engelhard, Kristina. "Methods and Roles of Experience in Christian Wolff’s “Deutsche Metaphysik”." Grazer Philosophische Studien 98, no. 1 (September 5, 2020): 146–66. http://dx.doi.org/10.1163/18756735-000113.
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Abstract The main thesis of this article is that in Christian Wolff’s Deutsche Metaphysik, empirical sources of knowledge play important if not foundational roles and that inductive methods of reasoning are extensively applied. It is argued that experiential self-awareness plays a foundational role and that empirical evidence, phenomena, and scientific theories from the empirical sciences of Wolff’s time are used for inferential purposes. Wolff also makes use of inductive reasoning, i.e., abduction to hidden causes of empirical phenomena, and inferences to the best or to the only possible explanation. Wolff’s Deutsche Metaphysik is therefore a prefiguration and an interesting case of inductive metaphysics in the contemporary sense. From this contemporary perspective, Wolff draws the distinction between valid and speculative abductions in a different way – but it is also different from that of his more empirically oriented contemporaries.
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Cockburn, Patrick. "Claims of Need in Property Law and Politics." Theoria 63, no. 146 (March 1, 2016): 56–74. http://dx.doi.org/10.3167/th.2016.6314604.
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Abstract Both courts of law and political theorists have grappled with the problem of giving the concept of ‘need’ a place in our reasoning about the rights and wrongs of property regimes. But in the U.K., legal changes in the last fifteen years have eroded the legal possibilities for striking some compromise between the claims of the needy and the rights of property owners. Against this backdrop this article compares three theoretical accounts of how the fact of human need should impact upon our thinking about property rights: the rights-based arguments of Jeremy Waldron, the radical democratic theory of Lawrence Hamilton and the anarchist commentary of Colin Ward. While ‘theories’ of need have paid much attention to the nature of need ‘itself’, the article argues that this comparison reveals another issue that is just as important: where and how should claims of need be registered in legal and political processes?
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Durgahee, Taleb. "Reflective Practice: nursing ethics through story telling." Nursing Ethics 4, no. 2 (March 1997): 135–46. http://dx.doi.org/10.1177/096973309700400205.
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Reflection is a method of learning and teaching professional maturity through the critical analysis of experience. An illuminative research approach was used over a period of five years in collaboration with students on a palliative care course to investigate the effects of learning moral and ethical reasoning by reliving clinical experiences through story telling. This study concludes that: self-concept is enhanced; communication skills are increased; and insight development is part of learning to reason fairly and ethically, and is achieved through a cathartic process, leading to the conceptualization and discovery of theories of nursing through reflective practice.
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Cebeci, Ismail. "Explaining the Modern Transformation of Islamic Legal Contracts: Theoretical and Practical Implications." Arab Law Quarterly 35, no. 1-2 (June 24, 2020): 134–54. http://dx.doi.org/10.1163/15730255-bja10039.
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Abstract This article both examines changing contexts and factors that cause transformation as well as shows their effects on Islamic finance contracts. Here the author addresses his general theories in terms of modern iǧtihād (independent reasoning) on modern Islamic finance contracts. The main question is: ‘How have changing contexts and factors affected the emergence and transformation of Islamic financial contracts?’ The study addresses contexts, factors, and conditions that severely transform contracts. More specifically, the author argues that modern Islamic finance contracts have been transformed by the effects of changing factors and contexts. The main objective is to uncover modern contractual developments in Islamic finance and show how this transformation has made its mark on modern Islamic finance contracts. The study consists of a presentation of historical background, an explanation of socio-economic and ideological-ethical contexts and factors creating change, and a discussion regarding their effects on modern Islamic contracts.
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Mackuvienė, Eglė. "Loginis metodas teisėje: sampratos problema." Teisė 77 (January 1, 2010): 126–45. http://dx.doi.org/10.15388/teise.2010.0.196.
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Straipsnyje aptariamas vienas iš teisinio samprotavimo metodų – loginis metodas. Siekiama apibūdinti šį metodą, atskleisti, kokį turinį jam suteikia teisės diskurso dalyviai, atkreipti dėmesį į loginio metodo sampratos nevienareikšmiškumą. Vieni teisės diskurso dalyviai nurodo, kad savo poziciją grindžia teisine logika, vadovaujasi loginiu teisės aiškinimo metodu, kiti kritikuoja loginio metodo taikymą teisėje, tačiau paprastai nedetalizuoja, ką turi omenyje vartodami logikos, loginio metodo terminus. Kol aiškiai nepasakoma, ar logika teisėje, teisinio samprotavimo logika reiškia bendrąjį nuoseklumą ir neprieštaringumą, ar specialų, tik teisiniam diskursui būdingą samprotavimo būdą, bei neapibrėžiama, kada logika yra teisinio samprotavimo ir pačios teisės tyrimo metodas, o kada – tik taikytinas veikimo, tikslo siekimo būdas, tol teigimas, kad sprendimas priimtas vadovaujantis loginiu metodu, iškelia daugiau klausimų nei pateikia atsakymų. The logical method, as one of the methods of legal reasoning, is analyzed in the article. The purpose is to describe the method, to investigate what meaning participants of legal discourse ascribes to this term, to point out to the variety of possible meanings and understandings of logic in the law. Participants of legal discourse are used to point out that their arguments are supported by legal logic or they use the logical method during the interpretation of law, others attack, criticize the use of logic in the law and legal reasoning. Although they usually do not elaborate what they mean by definitions „legal logic“ and „legal method“. When it is not said clearly if logic in the law and legal reasoning means either general consistency and proper rules of inference or specific methodology, suitable only for legal reasoning, when it is not detalized if logic is either method for research or method for action, then assertion that decision is made by using legal method brings more questions than presents answers.
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Gaeta, Angelo, Vincenzo Loia, and Francesco Orciuoli. "A comprehensive model and computational methods to improve Situation Awareness in Intelligence scenarios." Applied Intelligence 51, no. 9 (August 1, 2021): 6585–608. http://dx.doi.org/10.1007/s10489-021-02673-z.
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AbstractThis paper presents a comprehensive model for representing and reasoning on situations to support decision makers in Intelligence analysis activities. The main result presented in the paper stems from a work of refinement and abstraction of previous results of the authors related to the use of Situation Awareness and Granular Computing for the development of analysis methods and techniques to support Intelligence. This work made it possible to derive the characteristics of the model from previous case studies and applications with real data, and to link the reasoning techniques to concrete approaches used by intelligence analysts such as, for example, the Structured Analytic Techniques. The model allows to represent an operational situation according to three complementary perspectives: descriptive, relational and behavioral. These three perspectives are instantiated on the basis of the principles and methods of Granular Computing, mainly based on the theories of fuzzy and rough sets, and with the help of further structures such as graphs. As regards the reasoning on the situations thus represented, the paper presents four methods with related case studies and applications validated on real data.
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Hudson, Graham. "Neither Here nor There: The (Non-) Impact of International Law on Judicial Reasoning in Canada and South Africa." Canadian Journal of Law & Jurisprudence 21, no. 2 (July 2008): 321–54. http://dx.doi.org/10.1017/s0841820900004446.
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In this paper, the author explores the question of whether formalizing the Canadian law of reception would lead to an increase in the domestic influence of international law. He begins by briefly recounting Canada’s decidedly informal law of reception and, through a review of academic commentary, suggests a relationship between informality and international law’s historically weak influence on judicial reasoning. Tying this commentary to seemingly sociological perspectives on globalization, judges’ international legal personality and the changing forms and functions of law, he forwards the hypothesis that judges’ subjective recognition of the authority of international law can be engendered, modified and/or regulated through the procedural use of more familiar domestic legal authority. This hypothesis is then tested through a comparative analysis of the impact which international law has had in South Africa, where an historically informal law of reception akin to Canada’s has been replaced with clear and robust constitutional rules obligating the judiciary to consider and use international law. The author observes that there are no perceptible differences in the two jurisdictions; in neither country does international law exert a significant, regular or predictable impact on judicial reasoning. He concludes, modestly, that there is no available evidence to support the belief that Canadian judicial practice would change if the Canadian law of reception were formalized. He further concludes, less modestly, that this has significant implications for underlying legal theory and, in particular, that theories concerning how the domestic impact of international law can be augmented, though seemingly sociological, are decidedly positivist in orientation. Given that judges’ subjective attitudes towards international law are not perceptibly linked to domestic legal procedures, international, comparative and transnational legal theorists must, either, find evidence to demonstrate this link, or, recognize that their theoretical allegiances are divided between two, inconsistent traditions: legal positivism and the sociology of law.
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Evseeva, Tat'yana. "Legal Regulation of Economic Relations and Convergence of Law and Economics Issues at Foreign Legal Doctrine in the Digital Economy." Advances in Law Studies 8, no. 5 (June 4, 2020): 120–33. http://dx.doi.org/10.29039/2409-5087-2020-8-5-120-133.
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Foreign theories of law and economics interrelation differ. There were attempts of classifying the theories by the criteria of law economic impact on economy. Different doctrines of law and economics interrelation are supposed to be regarded at the present article taking into consideration state legal regulation of economic relations (law and economics interrelation). The issues of convergence of law and the science of economics are also raised at the present paper. Moreover, there are challenges of the digital era that require some new measures and methods of law and economics exercising.
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Hakli, Raul, Kaarlo Miller, and Raimo Tuomela. "TWO KINDS OF WE-REASONING." Economics and Philosophy 26, no. 3 (October 12, 2010): 291–320. http://dx.doi.org/10.1017/s0266267110000386.
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People sometimes think in terms of ‘we’ referring to a group they belong to. When making decisions, they frame the decision problem as: ‘What should we do?’ instead of ‘What should I do?’. We study one particular approach to such ‘we-reasoning’, economist Michael Bacharach's theory of ‘team reasoning’, and relate it to philosopher Raimo Tuomela's distinction between ‘I-mode’ reasoning and ‘we-mode’ reasoning. We argue that these theories complement each other: Tuomela's philosophical theory provides a conceptual framework augmenting Bacharach's theory, and Bacharach's mathematical results support Tuomela's view on the irreducibility of the we-mode to the I-mode. We-mode reasoning can explain some kinds of human cooperative behaviour left unexplained by standard game theory. Standard game theory is not well-equipped to deal with we-mode reasoning but it can be extended by the methods developed by Bacharach. However, we argue that both standard game theory and Bacharach's theory require more attention to the information-sharing stages that precede actual decision making, and we describe a stage-based model of we-reasoning.
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Bronstein, Michael, Gordon Pennycook, Jutta Joormann, Philip Corlett, and Tyrone Cannon. "T70. DUAL-PROCESS THEORY, CONFLICT PROCESSING, AND DELUSIONAL BELIEF." Schizophrenia Bulletin 46, Supplement_1 (April 2020): S258. http://dx.doi.org/10.1093/schbul/sbaa029.630.
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Abstract Background Individuals endorsing delusions exhibit multiple reasoning biases, including a bias toward lower decision thresholds, a bias toward gathering less data before forming conclusions, and a bias toward discounting evidence against one’s beliefs. Although these biases have been repeatedly associated with delusions, it remains unclear how they might arise, how they might be interrelated, and whether any of them play a causal role in forming or maintaining delusions. Progress toward answering these questions may be made by examining delusion-related reasoning biases from the perspective of dual-process theories of reasoning. Dual-process theories posit that human reasoning proceeds via two systems: an intuitive system (which is autonomous, does not require working memory) and an analytic system (which relies on working memory, supports hypothetical thought). Importantly, when the outputs of one or both systems conflict with one another, successful detection of this conflict is thought to produce additional engagement in analytic reasoning. Thus, the detection of and ensuing neurocognitive response to conflict may modulate analytic reasoning engagement. Working from this dual-process perspective, recent theories have hypothesized that more limited engagement in analytic reasoning, perhaps resulting from conflict processing deficits, may engender delusion-inspiring reasoning biases in people with schizophrenia. Methods Given this hypothesis, a literature review (Bronstein et al., 2019, Clinical Psychology Review, 72, 101748) was conducted to critically evaluate whether impaired conflict processing might be a primary initiating deficit in pathways relevant to the generation of delusion-relevant reasoning biases and the formation and/or maintenance of delusions themselves. Results Research examined in this review suggested that in healthy people, successful conflict detection raises decision thresholds. Conflict-processing deficits in delusional individuals with schizophrenia might impair this process. Consistent with this possibility, delusional individuals with schizophrenia (vs. healthy controls) make more decisions when they perceive their favored choice to be only marginally better than alternatives. Lower decision thresholds in individuals who endorse delusions may limit analytic thinking (which takes time). Reductions in decision-making thresholds and in analytic reasoning engagement may encourage these individuals to jump to conclusions, potentially promoting delusion formation, and may also increase bias against disconfirmatory evidence, which may help delusions persist. Discussion Extant literature suggests that conflict processing deficits might encourage delusion-related cognitive biases, which is broadly consistent with the idea that these deficits may be causally primary in pathways leading to delusions. This conclusion lends credence to previous theories suggesting that reduced modulation toward analytic reasoning in the presence of conflict might promote delusions. Future research should attempt to more specifically determine the source of deficits related to analytic reasoning engagement in delusional individuals with schizophrenia. It is often unclear whether analytic-reasoning-related deficits observed in existing literature result from impairments in conflict detection, responsiveness to conflict, or both. Tasks used to study dual-process reasoning in the general population may be useful platforms for specifying the nature of analytic-reasoning-related deficits in delusional individuals with schizophrenia.
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Pardede, Josua Navirio, Wigati Taberi Asih, and Thogu Ahmad Siregar. "Progressivism of Judges in Deciding Applications for Marriage Dispensation." Lambung Mangkurat Law Journal 6, no. 1 (February 25, 2021): 41–55. http://dx.doi.org/10.32801/lamlaj.v6i1.208.
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Regulation on the age limit for a marriage through Act No. 16 of 2019 is based on the spirit of anti-discrimination and protection of children's rights from the adverse effects of child marriage. However, the efforts to complicate and prevent child marriage has yet to have a significant impact on reducing the rate of child marriage in Indonesia. This condition is occurred by the high level of applications for marriage dispensation that are granted by the court. Hence, the construction of the judge's reasoning in observe the relationship between the substance of the law and the reasons for proposing marriage dispensation is one of the most vital and influential elements. The positivism-legism legal reasoning used in understanding of Act No.16 of 2019 is considered to be the cause of the malfunction of the regulation in protecting and guaranteeing children's human rights. By using doctrinal legal research methods, this research produces a conceptual analysis in the form of a meta-juridical critique on positivist legal reasoning which tends to lead to the legism when trying to understand the objectives of Act No. 16 of 2019 and proposes a progressive legal notion as an ideal reasoning framework in producing decisions on applications for dispensation of marriage that have a perspective on the protection and guarantee of children's rights.
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Lesourd, Mathieu, François Osiurak, Jordan Navarro, and Emanuelle Reynaud. "Involvement of the Left Supramarginal Gyrus in Manipulation Judgment Tasks: Contributions to Theories of Tool Use." Journal of the International Neuropsychological Society 23, no. 8 (June 19, 2017): 685–91. http://dx.doi.org/10.1017/s1355617717000455.
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AbstractObjectives: Two theories of tool use, namely the gesture engram and the technical reasoning theories, make distinct predictions about the involvement of the left inferior parietal lobe (IPL) in manipulation judgement tasks. The objective here is to test these alternative predictions based on previous studies on manipulation judgment tasks using transcranial magnetic stimulations (TMS) targeting the left supramarginal gyrus (SMG). Methods: We review recent TMS studies on manipulation judgement tasks and confront these data with predictions made by both tool use theories. Results: The left SMG is a highly intertwined region, organized following several functionally distinct areas and TMS may have disrupted a cortical network involved in the ability to use tools rather than only one functional area supporting manipulation knowledge. Moreover, manipulation judgement tasks may be impaired following virtual lesions outside the IPL. Conclusions: These data are more in line with the technical reasoning hypothesis, which assumes that the left IPL does not store manipulation knowledge per se. (JINS, 2017, 23, 685–691)
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Prasetyo, Yogi, and Absori Absori. "Convergence Epistemologies of Legal Studies Perspectives of Islamic Philosophy." Millati: Journal of Islamic Studies and Humanities 3, no. 1 (September 26, 2018): 1. http://dx.doi.org/10.18326/mlt.v3i1.1-28.
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Epistemology of knowledge, also epistemology of legal studies, which is derived from the senses, rationality, and inner voices, has their own analysis methods to attain truths; inductive reasoning to seek validity of empirical knowledge, deductive reasoning for knowledge based on reason or rationality, and intuition for that derived from inner voices. The three analysis methods often lead to debate and contradicting claims creating a conflicting truth in epistemology.This conflicting claims of truth results in stagnancy, deviation, and distortion, in which the truth attained during the process may be misused for certain parties, since in the field of law, truth may be established to accommodate one’s needs. Therefore, it is crucial to create a concept which reconciles various epistemologies in knowledge, as well in legal studies, which is through a convergence of epistemology in legal studies through the perspective of Islamic philosophy. Through Islamic philosophy which is based on Quran, a conflicting knowledge derived through the senses, rationality, and inner voices will reconcile in one central point.Islamic philosophy which is based on Quran is the basis for epistemological truth derived from the senses, rationality, and inner voices, to simultaneously and jointly understand and complement each others’ strengths and weaknesses through a circular triadic process in order to reach reconciliation.
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Buchanan, Allen. "HUMAN RIGHTS AND THE LEGITIMACY OF THE INTERNATIONAL ORDER." Legal Theory 14, no. 1 (March 2008): 39–70. http://dx.doi.org/10.1017/s1352325208080038.
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The international legal order is beginning to take human rights seriously, yet sound justifications for claims about human rights are conspicuously absent. Philosophers have begun to respond to this “justification deficit” by developing theories of human rights. Although a philosophical conception of human rights is needed, it would not be sufficient. The justification of human rights is a dynamic process in which a provisional philosophical conception of human rights both guides and is fleshed out by public processes of practical reasoning structured by legal institutions. Whether the “justification deficit” can be remedied depends not only upon the content of human rights norms as set out in the major conventions and the arguments philosophers can marshal to justify them but also upon the epistemic virtues of the institutions through which the norms are specified, contested, and revised over time.
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Zhou, Hongjun, Guojun Wang, and Wei Zhou. "Consistency degrees of theories and methods of graded reasoning in n-valued R0-logic (NM-logic)." International Journal of Approximate Reasoning 43, no. 2 (October 2006): 117–32. http://dx.doi.org/10.1016/j.ijar.2006.03.001.
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Sterett, Susan. "Climate Change Adaptation: Existential Threat, Welfare States and Legal Management." Oñati Socio-legal Series 9, no. 9(3) (August 1, 2019): 380–99. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1064.
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This paper contrasts knowledge frames for climate change and displacement. First the paper explains the abstract human rights arguments about displacement in climate change and disaster. In contrast, management and claims under lawsuits about climate change and displacement are place-based. The paper then draws on data about knowledge and management strategies in a particular place in the United States, and on a close reading of legal reasoning in a post-disaster domestic housing case in the United States. The paper relies on interpretive methods. Although legal reasoning is often represented as distinctive in how it transforms stories into decisions, it shares characteristics with other forms of policy reasoning. Institutional reasoning transforms the “existential threat” of climate change into managed parts. The paper argues that intervening concerning climate change and displacement requires shifting from broad claims in the drama of climate change and rights to following tactics logical within particular institutions. Este artículo realiza un contraste entre marcos de conocimiento para el cambio climático y el desplazamiento de la población. Primero, explica los argumentos abstractos sobre derechos humanos; por contra, la gestión y las reclamaciones judiciales sobre cambio climático y desplazamiento se basan en el lugar. A continuación, se parte de datos sobre estrategias de conocimiento y gestión en un lugar concreto, y de una cuidadosa lectura del razonamiento jurídico en un caso sobre vivienda post-desastre. Nos basamos en métodos interpretativos. A pesar de que a menudo se presenta como rasgo distintivo del razonamiento jurídico el transformar historias en decisiones, comparte características con otros tipos de razonamiento de políticas. El razonamiento institucional transforma la “amenaza existencial” del cambio climático en partes gestionadas. Se argumenta que, para intervenir sobre el cambio climático y el desplazamiento, es necesario pasar de reclamaciones generales a tácticas lógicas dentro de instituciones concretas.
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Nuninger, Laure, Philip Verhagen, Thérèse Libourel, Rachel Opitz, Xavier Rodier, Clément Laplaige, Catherine Fruchart, Samuel Leturcq, and Nathanael Levoguer. "Linking Theories, Past Practices, and Archaeological Remains of Movement through Ontological Reasoning." Information 11, no. 6 (June 24, 2020): 338. http://dx.doi.org/10.3390/info11060338.
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The amount of information available to archaeologists has grown dramatically during the last ten years. The rapid acquisition of observational data and creation of digital data has played a significant role in this “information explosion”. In this paper, we propose new methods for knowledge creation in studies of movement, designed for the present data-rich research context. Using three case studies, we analyze how researchers have identified, conceptualized, and linked the material traces describing various movement processes in a given region. Then, we explain how we construct ontologies that enable us to explicitly relate material elements, identified in the observed landscape, to the knowledge or theory that explains their role and relationships within the movement process. Combining formal pathway systems and informal movement systems through these three case studies, we argue that these systems are not hierarchically integrated, but rather intertwined. We introduce a new heuristic tool, the “track graph”, to record observed material features in a neutral form which can be employed to reconstruct the trajectories of journeys which follow different movement logics. Finally, we illustrate how the breakdown of implicit conceptual references into explicit, logical chains of reasoning, describing basic entities and their relationships, allows the use of these constituent elements to reconstruct, analyze, and compare movement practices from the bottom up.