In Defense of Weird Hypotheticals
نویسندگان
چکیده
Professor Allen (this issue) critiques the value of using “weird” hypotheticals to mine intuitions about legal systems. I respond by supporting “thin” for providing information how people reason generally, rather than revealing peoples’ specific answers. note that because systems are products many minds thinking other operate, object inquiry is metacognition—that is, understanding reasoning works.
منابع مشابه
Hypotheticals as Heuristic Device
In this paper we examine the use of hypotheticals as a heuristic device to assist a case-based reasoner test the strengths, weaknesses, and ramifications of an analysis or argument by exploring and augmenting the space of known cases and indirectly, the at tendant spaces of doctrine and argument. Our program, HYPO, works in the task domain of the law, particularly, the area of trade secret prot...
متن کاملExamples in Legal Reasoning: Legal Hypotheticals
This paper discusses examples, p a r t i c u l a r l y hypo the t i ca ls , t he i r use and generat ion, in legal reasoning. It examines the use of sequences of hypo the t i ca ls .
متن کاملReasoning with Cases and Hypotheticals in HYPO
HYPO is a case-based reasoning system that evaluates problems by comparing and contrasting them with cases from its Case Knowledge Base (CICB). It generates legal arguments citing the past cases as justifications for legal conclusions about who should win in problem disputes involving trade secret law. HYPO’s arguments present competing adversarial views of the problem and it poses hypothetical...
متن کاملHypotheticals, psychiatric testimony, and the death sentence.
"Doctor ... do you have an opinion within reasonable psychiatric certainty whether or not there is a probability that the defendant. . . will commit criminal acts of violence that would constitute a continuing threat to society?" "Yes, he most certainly would." "Would you state whether or not that would be true regardless where he is?" "It wouldn't matter whether he was in the penitentiary or w...
متن کامل'Weird Machine' Patterns
You do not understand how your program really works until it has been 1 exploited. We believe that computer scientists and software engineers should regard 2 the activity of modern exploitation as an applied discipline that studies both the actual 3 computational properties and the practical computational limits of a target platform 4 or system. Exploit developers study the computational proper...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: Quaestio facti
سال: 2021
ISSN: ['2604-6202', '2660-4515']
DOI: https://doi.org/10.33115/udg_bib/qf.i2.22477