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One of the central questions of legal philosophy concerns the division of power between the judicial and legislative branches of government: where is the border between a judge's power to decide cases by applying the law, and the legislature's power to create law? How should it be decided whether or not a judge has exceeded the limits of his discretion? The Pleadings Game is a normative formalization and computational model of legal reasoning and argumentation intended to help answer these questions. In the prominent theory of H.L.A. Hart, judicial discretion is limited by the literal meaning of legislation. To use the standard example, if a law prohibits vehicles from a park, according to Hart's theory a judge would not have discretion to permit a military tank, even if intended to be used as a war memorial. The Pleadings Game is based on another approach, Robert Alexy's discourse theory of legal argumentation. Alexy views legal reasoning as a rule governed language game, where the r...
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