A Contrario Argument and Default Reasoning (2024)

Conversations in Philosophy, Law, and Politics

Ruth Chang (ed.), Amia Srinivasan (ed.)

Published:

2024

Online ISBN:

9780191896590

Print ISBN:

9780198864523

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Conversations in Philosophy, Law, and Politics

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John Horty

John Horty

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Pages

580–592

  • Published:

    March 2024

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Horty, John, 'A Contrario Argument and Default Reasoning', in Ruth Chang, and Amia Srinivasan (eds), Conversations in Philosophy, Law, and Politics (Oxford, 2024; online edn, Oxford Academic, 30 Apr. 2024), https://doi.org/10.1093/oso/9780198864523.003.0030, accessed 4 May 2024.

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Abstract

In Chapter 29, Duarte d'Almeida criticizes a standard account of a contrario argument and develops an alternative account that relies on higher-order reasoning. In this chapter, I sketch yet another alternative account, according to which a contrario argument, and legal reasoning in general, is to be understood against a background of default rules. This account and that of Duarte d'Almeida differ in important ways, but also have much in common. A careful comparison would be useful.

Keywords: a contrario argument, informal argumentation, higher-order reasoning, default reasoning, logic and law, AI and law

Subject

Social and Political Philosophy Moral Philosophy

Collection: Oxford Scholarship Online

John Horty, A Contrario Argument and Default Reasoning In: Conversations in Philosophy, Law, and Politics. Edited by: Ruth Chang and Amia Srinivasan, Oxford University Press. © Oxford University Press 2024. DOI: 10.1093/oso/9780198864523.003.0030

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