Skip to main content
padlock icon - secure page this page is secure

On Balancing and Subsumption. A Structural Comparison

Buy Article:

$47.00 + tax (Refund Policy)

The formal structure of subsumption may be represented in a deductive scheme, which one might call the “Subsumption Formula.” The author argues that there is an analogous scheme for the formal structure of balancing or weighing, which he terms the “Weight Formula.” In short, subsumption and balancing have comparable schemata, through which the formal structure of a set of premisses, which warrant the inference to a legal result, can be identified. The relation in the two cases between these premisses and the ensuing legal result is, however, different. The Subsumption Formula is represented by a scheme that works according to the rules of logic, the Weight Formula, by a scheme that works according to the rules of arithmetic. In spite of this difference, the two formulae are alike in that judgments, in both cases, remain the basis of the argument.
No References
No Citations
No Supplementary Data
No Article Media
No Metrics

Document Type: Research Article

Affiliations: Christian Albrechts University, Faculty of Law, Olshausenstra├če 40, D-24118 Kiel, Germany , Email: [email protected]

Publication date: 01 December 2003

  • Access Key
  • Free content
  • Partial Free content
  • New content
  • Open access content
  • Partial Open access content
  • Subscribed content
  • Partial Subscribed content
  • Free trial content
Cookie Policy
Cookie Policy
Ingenta Connect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more