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Jaap Hage, Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic. Law and Philosophy Library

Jaap Hage, Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic. Law and... 354 BOOK REVIEW in a system of defeasible reasons. On this topic, Hage’s common language ap- proach is effective. Having made enough room for all kinds of reasons, Hage has us wondering why some would insist that all norms be expressed as deontic facts. That is, why one would insist on the traditional deontic approach, when there are so many legitimate alternative ways of making facts, norms, rules, and reasons interact. More interestingly, Hage’s explanation is both arresting for its plausibility and frustrating for its twists: in all cases of deontic collape ..., we have reasons to perform some mental action that would lead to a particular result, and these reasons do not only make that (sic; [make it the case that]?) we should perform this action, but also to (sic; [but also make]?) the results of performing this action. The reasons why we should let a goal, principle or rule generate reasons [−] function [−] as reasons why the goal, principle or rule actually generates reasons, [...] and the reasons for assuming the presence of a state [−] function [−] as reasons why this state is already present. (p. 126) It is a mouthful, no matter how it http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Artificial Intelligence and Law Springer Journals

Jaap Hage, Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic. Law and Philosophy Library

Loui, Ronald P.
Artificial Intelligence and Law , Volume 8 (4) – Dec 1, 2000
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Publisher
Springer Journals
Copyright
Copyright © Kluwer Academic Publishers 2001
ISSN
0924-8463
eISSN
1572-8382
DOI
10.1023/a:1011274720031
Publisher site
See Article on Publisher Site

Abstract

354 BOOK REVIEW in a system of defeasible reasons. On this topic, Hage’s common language ap- proach is effective. Having made enough room for all kinds of reasons, Hage has us wondering why some would insist that all norms be expressed as deontic facts. That is, why one would insist on the traditional deontic approach, when there are so many legitimate alternative ways of making facts, norms, rules, and reasons interact. More interestingly, Hage’s explanation is both arresting for its plausibility and frustrating for its twists: in all cases of deontic collape ..., we have reasons to perform some mental action that would lead to a particular result, and these reasons do not only make that (sic; [make it the case that]?) we should perform this action, but also to (sic; [but also make]?) the results of performing this action. The reasons why we should let a goal, principle or rule generate reasons [−] function [−] as reasons why the goal, principle or rule actually generates reasons, [...] and the reasons for assuming the presence of a state [−] function [−] as reasons why this state is already present. (p. 126) It is a mouthful, no matter how it

Journal

Artificial Intelligence and Law – Springer Journals

Published: Dec 1, 2000

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