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Full-Text Articles in Law

From The Acting Editor In Chief, Conrad C. Crane Mar 2023

From The Acting Editor In Chief, Conrad C. Crane

The US Army War College Quarterly: Parameters

Welcome to the Spring 2023 issue of Parameters. This issue consists of an In Focus special commentary and the SRAD Director’s Corner focused on Afghanistan, three forums, and two Reviews and Replies.


Norms Of Public Argumentation And The Ideals Of Correctness And Participation, Frank Zenker, Jan Albert Van Laar, Bianca Cepollaro, Anca Gâță, Martin Hinton, Colin Guthrie King, Brian N. Larson, Marcin Lewinski, Christoph Lumer, Steve Oswald, Maciej Pichlak, Blake D. Scott, Mariusz Urbanski, Jean H.M. Wagemans Mar 2023

Norms Of Public Argumentation And The Ideals Of Correctness And Participation, Frank Zenker, Jan Albert Van Laar, Bianca Cepollaro, Anca Gâță, Martin Hinton, Colin Guthrie King, Brian N. Larson, Marcin Lewinski, Christoph Lumer, Steve Oswald, Maciej Pichlak, Blake D. Scott, Mariusz Urbanski, Jean H.M. Wagemans

Faculty Scholarship

Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for a correct deliberative outcome is distributed among agents, then maximising participation increases information diversity. But both ideals can also be in tension. …


Defeasible Semantics For L4, Guido Governatori, Meng Weng (Huang Mingrong) Wong Jan 2023

Defeasible Semantics For L4, Guido Governatori, Meng Weng (Huang Mingrong) Wong

Centre for Computational Law

The importance of defeasibility for legal reasoning has been investigated for a long time (see among other [10, 3, 11]). This notion mostly concerns the issue that textual provisions of (legal) norms typically provide prima facie conditions for their applicability, but to understand a norm in full, we have to evaluate the norms in the context in which the norm is used and to see if other norms prevent it either to apply or to be effective. In other words, when evaluating norms, we must account for possible (prima facie) conflicts and exceptions. Indeed, in general, norms first provide the …