Session 5.1.2

Induction: generalization and specification (Scott Brewer, Giovanni Sartor)

Friday, 20 July, Second morning session: 11h -12:30

Themes introduced in this session:

  1. Induction as a mode of logical inference
  2. The distinction of inductive specification and inductive generalization: illustration from Knapp v. State
  3. The centrality of induction to inferences under the law of evidence
  4. Relations among induction, deduction, inference to the best explanation, and analogy
  5. Induction and defeasibility

Readings

  • Brewer, Logocratic Method and the Analysis of Arguments in Evidence (link)
  • Brewer, Traversing Holmes’ Path Toward a Jurisprudence of Logical Form (OPTIONAL) (link)
  • Brewer, On the Possibility of Necessity in Legal Argument (OPTIONAL) (link)
  • Dewey, Logical Method and Law (link)
  • Holmes, The Path of the Law (link)

Cases

  • Brown v. Board of Education (link)
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