Legal Abductions

In D. Bourcier (ed.), “Legal Knowledge and Information Systems: Jurix 2003”, IOS Press, Amsterdam, 2003, pp. 41-49.

Bocconi Legal Studies Research Paper

9 Pages Posted: 23 Dec 2016  

Giovanni Tuzet

Bocconi University - Department of Law

Date Written: 2003

Abstract

This paper deals with the role of abductive inference in legal reasoning. Both in the determination of the relevant facts and in the determination of their legal consequences abductive inference plays a crucial role, being the first step of such reasoning tasks. Two kinds of legal abduction are distinguished: an explanatory one aiming at the reconstruction of the relevant facts and a classificatory one aiming at a legal conceptualization of those facts. We concentrate on the first kind, stressing the similarities it has with scientific abduction, notably on the concern of truth.

Keywords: Abduction, Fact-finding, Trial, Truth

Suggested Citation

Tuzet, Giovanni, Legal Abductions (2003). In D. Bourcier (ed.), “Legal Knowledge and Information Systems: Jurix 2003”, IOS Press, Amsterdam, 2003, pp. 41-49.; Bocconi Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2888419

Giovanni Tuzet (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen 1
Milan, 20136
Italy

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