A Contrario Argument and Default Reasoning

Abstract In Chapter 29, Duarte d'Almeida criticizes a standard account of a contrario argument and develops an alternative account that relies on higher-order reasoning. In this chapter, I sketch yet another alternative account, according to which a contrario argument, and legal reasoning in general, is to be understood against a background of default rules. This account and that of Duarte d'Almeida differ in important ways, but also have much in common. A careful comparison would be useful.