, Volume 12, Issue 3, pp 181-225
Date: 26 Nov 2005

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.

*This paper is based on the chapters 3 and 4 of Hage 2005.