Don't think but look : a Gestalt interactionist approach to legal thinking
Hunter, Dan & Indurkhya, Bipin (1998) Don't think but look : a Gestalt interactionist approach to legal thinking. In Holyoak, Keith, Gentner, Dedre, & Kokinov, Boicho (Eds.) Advances in Analogy Research : Integration of Theory and Data from the Cognitive, Computational, and Neural Sciences. New Bulgarian University, pp. 345-353.
We propose here a new approach to legal thinking that is based on principles of Gestalt perception. Using a Gestalt view of perception, which sees perception as the process of building a conceptual representation of the given stimulus, we articulate legal thinking as the process of building a representation for the given facts of a case. We propose a model in which top-down and bottom-up processes interact together to build arguments (or representations) in legal thinking. We discuss some implications of our approach, especially with respect to modeling precedential reasoning and creativity in legal thinking.
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|Item Type:||Book Chapter|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Copyright Owner:||Copyright 1998 New Bulgarian University|
|Deposited On:||06 May 2014 03:11|
|Last Modified:||06 May 2014 03:19|
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