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Law and NeuroscienceCurrent Legal Issues Volume 13$
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Michael Freeman

Print publication date: 2011

Print ISBN-13: 9780199599844

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199599844.001.0001

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Steps toward a Constructivist and Coherentist Theory of Judicial Reasoning in Civil Law Tradition *

Steps toward a Constructivist and Coherentist Theory of Judicial Reasoning in Civil Law Tradition *

Chapter:
(p.459) 25 Steps toward a Constructivist and Coherentist Theory of Judicial Reasoning in Civil Law Tradition*
Source:
Law and Neuroscience
Author(s):

Enrique Cáceres

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199599844.003.0025

This chapter presents a theoretical model of judicial reasoning that satisfactorily integrates partially provided explanations by three different theoretical research paradigms: philosophy of law, legal epistemology, and artificial intelligence and law. The model emerges from the application of knowledge elicitation and knowledge representation methods, and uses the theory of neural networks as a theoretical metaphor to generate explanations and visual representations. The epistemological status of the model is of constructivist stripe: it is in line with the contemporary research tendencies within cognitive psychology that propose that judicial reasoning may be better understood if a coherentist and a connectionist approach is taken.

Keywords:   judicial reasoning, philosophy of law, legal epistemology, artificial intelligence, neural networks

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