Reconstructing Fuller’s Argument Against Legal Positivism

Legal Positivism : Its Scope and Limitations

Statement Types in Legal Argument

In this paper we present an overview of the process of argumentation with legal cases, from evidence to verdict. We identify the various different types of statement involved in the various stages, and describe how the various types relate to one another. In particular we show how we can derive the legally accepted facts which form the basis for consideration of the law governing the cases from...

Categorizing Justifications in Legal Argument

In this paper I discuss the various justifications that can be given for components of a legal argument. First a number of different types of argument are described. These are used in legal reasoning, but cannot be satisfactorily reduced to deductive arguments. While deductive arguments have been fruitfully analysed in the literature, these other forms of arguments, and the ways in which they c...

On the relation between legal language and legal argument :

This paper investigates how the logical aspects of legal language determine possibilities to attack and defend arguments in a dispute. An argumentation framework in logic-programming style is presented which can cope with the interplay between assumptions, applicability statements and reasoning about preference relations between norms. The theory is given a solid semantic foundation, and can be...

Legal Reason: The Use of Analogy in Legal Argument