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Record W2806823626 · doi:10.2143/lea.234.0.3159742

Formal Philosophy and Legal Reasoning: The Validity of Legal Inferences

2016· article· fr· W2806823626 on OpenAlexaboutno aff
Clayton Peterson, Jean‐Pierre Marquis

Bibliographic record

VenueLogique et analyse/Logique et analyse. Nouvelle série · 2016
Typearticle
Languagefr
FieldSocial Sciences
TopicJury Decision Making Processes
Canadian institutionsnot available
Fundersnot available
KeywordsDeontic logicEpistemologyConsistency (knowledge bases)Completeness (order theory)NormativeHierarchyComputer scienceLawPhilosophyPolitical scienceArtificial intelligenceMathematics

Abstract

fetched live from OpenAlex

The aim of the present paper is to introduce a method to test the validity of legal inferences. We begin by presenting the rationale of our method and then we expose the philosophical foundations of our analysis. If formal philosophy is to be of help to legal discourse, then it must first reflect upon the law's fundamental characteristics that should be taken into account. Our analysis shows that (Canadian) legal discourse possesses three fundamental characteristics which ought to be considered if one wants to represent the formal structure of legal arguments. These characteristics are the presupposed consistency of legal discourse, the fact that there is a hierarchy between norms and obligations to preserve this consistency and the fact that legal inferences are subjected to the principle of deontic consequences. We present a formal deontic logic which is built according to these characteristics and provide the completeness results. Finally, we present a semi-formal method (based on the proposed deontic logic) to test the validity of legal inferences. This paper contributes to the literature insofar as it provides a method that covers a portion of the intuitive validity of legal inferences which is not covered by other frameworks.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.057
metaresearch head score (Gemma)0.252
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.057
Threshold uncertainty score0.301

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0570.252
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0020.003
Bibliometrics0.0080.003
Science and technology studies0.0040.027
Scholarly communication0.0090.019
Open science0.0030.007
Research integrity0.0040.006
Insufficient payload (model declined to judge)0.0070.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.056
GPT teacher head0.345
Teacher spread0.290 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2016
Admission routes1
Has abstractyes

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Same venueLogique et analyse/Logique et analyse. Nouvelle sérieSame topicJury Decision Making ProcessesFrench-language works237,207