Chapter

Steps toward a Constructivist and Coherentist Theory of Judicial Reasoning in Civil Law Tradition<sup>*</sup>

Enrique Cáceres

in Law and Neuroscience

Published in print February 2011 | ISBN: 9780199599844
Published online May 2011 | e-ISBN: 9780191725227 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199599844.003.0025

Series: Current Legal Issues

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

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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

Chapter.  7302 words.  Illustrated.

Subjects: Medical and Healthcare Law

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