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A Treatise of Legal Philosophy and General Jurisprudenc

Enrico Pattaro Hubert Rottleuthner Roger A. Shiner Aleksander Peczenik Giovanni Sartor

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Institución detectada Año de publicación Navegá Descargá Solicitá
No detectada 2005 SpringerLink

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Tipo de recurso:

libros

ISBN impreso

978-1-4020-3387-2

ISBN electrónico

978-1-4020-3505-0

Editor responsable

Springer Nature

País de edición

Reino Unido

Fecha de publicación

Información sobre derechos de publicación

© Springer 2005

Tabla de contenidos

Basic Forms of Reasoning

Enrico Pattaro; Hubert Rottleuthner; Roger A. Shiner; Aleksander Peczenik; Giovanni Sartor

After distinguishing the broad domains of epistemic and practical reasoning, we can now look more closely into their basic structures.

Part I - Legal Reasoning and Practical Rationality | Pp. 1035-1073

The Doxification of Practical Reasoning

Enrico Pattaro; Hubert Rottleuthner; Roger A. Shiner; Aleksander Peczenik; Giovanni Sartor

In the previous chapters, we have viewed practical reasoning as being a procedure for acquiring (or abandoning) conative states: While theoretical reasoning consists in moving from one’s current beliefs and perceptual states into new beliefs, practical reasoning consists in moving from one’s beliefs and conative states into new conative states. We have also seen that practical reasoning can be as rational as theoretical reasoning can be.

Part I - Legal Reasoning and Practical Rationality | Pp. 1074-1106

Rationalisation, Reflexivity, Universality

Enrico Pattaro; Hubert Rottleuthner; Roger A. Shiner; Aleksander Peczenik; Giovanni Sartor

Doxified practical reasoning, as we have seen in Chapter 3, is a reproduction of practical reasoning through epistemic reasoning: It leads to justified conclusions exactly when such conclusions would also be obtainable through direct practical cognition. However, it has some interesting advantages, which allow for significant enhancements in practical rationality. In particular, it facilitates practical reasoning to move in an upward direction, according to the idea of rationalisation, and to focus on itself, according to the idea of reflexivity.

Part I - Legal Reasoning and Practical Rationality | Pp. 1107-1130

Bounded Rationality: Cognitive Delegation

Enrico Pattaro; Hubert Rottleuthner; Roger A. Shiner; Aleksander Peczenik; Giovanni Sartor

Our idea that normative states of affairs supervene upon optimal (though possibly relativised) practical cognition needs to stand a further challenge. This is provided by the idea of , namely, the idea that human rationality is a limited faculty, for which optimal cognition is often out of reach.

Part I - Legal Reasoning and Practical Rationality | Pp. 1131-1162

Bounded Rationality: Factors

Enrico Pattaro; Hubert Rottleuthner; Roger A. Shiner; Aleksander Peczenik; Giovanni Sartor

In Section 5.3 on page 161 we considered how we can sometimes unburden ourselves from the fatigue of reasoning—and particularly of teleological reasoning—by delegating it to others. However, this is not always possible, nor always advisable, since others may not be available or may not be sufficiently honest or competent, and relying too much on them would compromise our individual autonomy. Fortunately, when teleological reasoning is not practicable or opportune, a viable shortcut may still be available to a bounded cogniser, as we shall see in the next sections: This consists in relying on what we shall call , the cognitive attitudes which can be doxified in the form of .

Part I - Legal Reasoning and Practical Rationality | Pp. 1163-1180

Preference-Based Reasoning: Rules

Enrico Pattaro; Hubert Rottleuthner; Roger A. Shiner; Aleksander Peczenik; Giovanni Sartor

In Chapters 7 and 8 we shall examine an aspect of legal cognition that integrates the main forms of reasoning we have so far considered: rule-based defeasible reasoning, teleological reasoning, and factor-based reasoning. This is , by which we mean addressing conflicts of reasons by taking into account the relative importance of such reasons, on the basis of the weight of the elements they include: rules, values, and factors. We have already considered how to take into account the relative importance of values in Section 5.2 on page 150. Therefore, we shall now focus on rules, and address factors in the next chapter.

Part I - Legal Reasoning and Practical Rationality | Pp. 1181-1205

Preference-Based Reasoning: Factors

Enrico Pattaro; Hubert Rottleuthner; Roger A. Shiner; Aleksander Peczenik; Giovanni Sartor

After applying preference-based reasoning to rules (in Chapter 7), we shall bring it to bear on . This will allow us to address some important patterns of normative reasoning, and in particular, to analyse reasoning. Finally, we shall consider how preferential reasoning approaches combinations of reasons, rejecting the idea that reasons having the same conclusions accrue, that is, add their preferential strengths.

Part I - Legal Reasoning and Practical Rationality | Pp. 1206-1225

Multi-Agent Practical Reasoning

Enrico Pattaro; Hubert Rottleuthner; Roger A. Shiner; Aleksander Peczenik; Giovanni Sartor

We shall now consider how a practical reasoner can rationally approach situations where other similar reasoners are involved. After examining what different concerns and points of view an agent may adopt, we shall analyse the ways in which the actions of different agents may interfere, focusing in particular in the dilemmas that characterise strategic interactions.

Part I - Legal Reasoning and Practical Rationality | Pp. 1226-1251

Collective Intentionality

Enrico Pattaro; Hubert Rottleuthner; Roger A. Shiner; Aleksander Peczenik; Giovanni Sartor

In Chapter 9 we have seen how agents may fail to participate in action profiles that would be advantageous to themselves and their collectives, due to their inability to cooperate with their fellows. In this chapter we shall see how this inability may be overcome by engaging in what we shall call .

Part I - Legal Reasoning and Practical Rationality | Pp. 1252-1286

Collective Cognition and Dialogues

Enrico Pattaro; Hubert Rottleuthner; Roger A. Shiner; Aleksander Peczenik; Giovanni Sartor

In Chapter 3, we concluded that the cognitive bindingness of a normative proposition—and, consequently, the proposition’s practical truth and the existence of a corresponding normative state of affairs—depends on the fact that belief in this proposition would result from an ideal inquiry, performed by an unbounded cogniser. Consequently, we have denied that (dialectical) interaction procedures can be constitutive of cognitive optimality: For characterising optimality we need to appeal to ideal cognition, which cannot be viewed as consisting in the maximisation of interactions between bounded cognisers. However, this does not exclude the importance of dialectical interactions, as a way of (partially) overcoming the limitations of individual cognition.

Part I - Legal Reasoning and Practical Rationality | Pp. 1287-1313