Scientific Models of Legal Reasoning: Economics, Artificial Intelligence, and the Physical Sciences

ISBN-13: 9780815327578 / Angielski / Twarda / 1998 / 424 str.

Scott Brewer

Opis

Illuminates legal reasoning -- and its justification At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the sophistical arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power. Explores enduring questions Focusing on work over the past century, the essays address important recurring questions, such as: When a judge or a lawyer reasons to a conclusion about what is legally required in a given case, must he also ask what is morally required? To what extent do a judge's personal, political, or moral biases affect his legal reasoning? What is the impact of such biases? Can all such biases be avoided? Is legal reasoning similar to reasoning in mathematics, logic, and linguistics, the physical sciences, the social sciences, or literature and history? Do formal logical modes of argument play any roles in legal reasoning? Solid coverage, well organized The articles were chosen to present some of the most influential works on the topic, as well as less familiar works that are thought provoking and informative. Each volume also offers a representative range of theoretical approaches to its topic, contains an introduction that locates the subject within the larger framework oftheories of legal reasoning and jurisprudence, and includes bibliographical notes on further readings. Articles address issues in comparing scientific reasoning and legal reasoning, or using scientific models to explain and guide legal reasoning. One issue is whether artificial intelligence can provide adequate models of such processes as analogy and legal interpretation. Another is the extent to which formal models from the social science of economics can guide judges -- in addition to traditional legal precedents, statutes, and constitutions. The articles reflect the impact that changing conceptions of science have had on the scientific nature of legal reasoning.

Spis treści

Preface About the Contributors Introduction: The Challenges of Adaptive Governance John T. Scholz and Bruce Stiftel PART I: CASE STUDIES OF WATER CONFLICTS 1. Floridai? s Water Management Framework Richard Hamann Water Quality 2. Suwannee River Partnership: Representation Instead of Regulation Aysin Dedekorkut 3. Fenholloway River Evaluation Initiative: Collaborative Problem Solving Within the Permit System Simon A. Andrew Water Supply 4. Tampa Bay Water Wars: From Conflict to Collaboration? Aysin Dedekorkut 5. The East Central Florida Regional Water Supply Planning Initiative:Creating Collaboration Ramiro Berardo Quantity, Quality, and Habitat 6. Apalachicola-Chattahoochee-Flint Basin:Tri-state Negotiations of a Water Allocation Formula Steven Leitman 7. Everglades Restoration and the South Florida Ecosystem Michael R. Boswell 8. Ocklawaha River Restoration:The Fate of the Rodman Reservoir Mellini Sloan 9. Aquifer Storage and Recovery:Technology and Public Learning Eberhard Roeder PART II: PRACTITIONERSi? PERSPECTIVES 10. Adaptability and Stability: A Manageri? s Perspective Donald J. Polmann 11. The Power of the Status Quo Richard Hamann 12. Representation, Scientific Learning, and the Public Interest B. Suzi Ruhl 13. Adaptive Challenges Facing Agriculture Martha Rhodes Roberts PART III: RESEARCHERSi? PERSPECTIVES 14. Resource Planning, Dispute Resolution, and Adaptive Governance Lawrence Susskind 15. Policy Analysts Can Learn from Mediators John Forester 16. Leadership and Public Learning Robert M. Jones 17. Public Learning and Grassroots Cooperation Mark Lubell 18. Putting Science in its Place Connie P. Ozawa 19. Linking Science and Public Learning: An Advocacy Coalition Perspective Paul Sabatier 20. Restructuring State Institutions: The Limits of Adaptive Leadership Paul J. Quirk 21. Incentives and Adaptation Lawrence S. Rothenberg 22. Conclusions: The Future of Adaptive Governance Bruce Stiftel and John T. Scholz References Abbreviations Index

O autorze

Edited by Scott Brewer Harvard Law School