Logic, Context and Valid Inference Or: Can there be a Logic of Law?
Bart Verheij, Jaap C. Hage · 2000
The question is addressed whether it makes sense to speak of a logic of law. It is shown that what counts as valid inference depends to a large extent on context-dependent choices. This suggests that our question has a simple answer, namely that a logic of law can exist. After noticing that one logic can serve as the background of another, it is explicated that a more subtle answer can be given. On the one hand a logic of law can exist, and on the other hand it can be possible to reduce such a logic to a set of legal premises in a more abstract logic. It is posited how a 'contextual logic' approach and an 'abstract logic' approach can lead to different priorities in the formalization of legal reasoning. 1 Introduction Recently, a lot of research has been done on the formalization of legal reasoning (see e.g. the work of Hage, 1996, and Prakken & Sartor, 1996). Among the topics addressed are exceptions to rules, rule applicability, inconsistency handling, reasoning with priorities, th...