In D. Bourcier (ed.), “Legal Knowledge and Information Systems: Jurix 2003”, IOS Press, Amsterdam, 2003, pp. 41-49.
9 Pages Posted: 23 Dec 2016
Date Written: 2003
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
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