Search
 
loader loading subjects...
cover
A Hybrid Model of Argument Concerning Preferences Between Statutory Interpretation Canons
Michał Araszkiewicz
3 - 12
10.3233/FAIA220443
Research Article
Frontiers in Artificial Intelligence and Applications
Volume 362: Legal Knowledge and Information Systems
Abstract

This paper extends the existing account of statutory interpretation based on argument schemes theory. It points out that the preference relations among statutory canons are not always determined by some predefined rules, but in certain systems of law or legal domains, it is necessary to argue these preference relations on the basis of case law. A set of factors favouring linguistic arguments and teleological arguments is presented, and a case-based argument scheme for the assignment of preference relations is reconstructed.

Download
Creative Commons License