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Thomas Coendet - 2016 - Archiv Fuer Rechts Und Sozialphilosphie 102 (4):476-
507.
The main purpose of this paper is to explore the role played by logic in the
legal domain. In the traditional conception which underlies the movement of
codification, judges are able to find in the legal system (the Master System) a
unique answer for every legal problem. This entails its completeness,
consistency and the possibility of deriving from it the contents of all judicial
decisions. Although the ideal model of this conception is supported by
important theoretical and political ideals, it (...)
Legal scholarship exploring the nature of evidence and the process of juridical
proof has had a complex relationship with formal modeling. As evident in so
many fields of knowledge, algorithmic approaches to evidence have the
theoretical potential to increase the accuracy of fact finding, a tremendously
important goal of the legal system. The hope that knowledge could be
formalized within the evidentiary realm generated a spate of articles
attempting to put probability theory to this purpose. This literature was both
insightful (...)
In this article I discuss one of the linguistic means which enables speakers to
represent content in their utterances without expressing it explicitly. I will
argue, in line with Wilson and Sperber, that the logical form of the argument
encoded by an utterance (however fragmentarily or incompletely) is sufficient
as a cue directing the hearers to the implicit content of the speaker's meaning.
I will suggest that the logical form of the encoded argument enables the
speaker to represent in the (...)
In this paper I shall discuss the notion of argument, and the importanceof
argument in AI and Law. I shall distinguish four areas where argument hasbeen
applied: in modelling legal reasoning based on cases; in thepresentation and
explanation of results from a rule based legal informationsystem; in the
resolution of normative conflict and problems ofnon-monotonicity; and as a
basis for dialogue games to support the modellingof the process of argument.
The study of argument is held to offer prospectsof real progress (...)
In this paper I argue that to explain and resolve some kinds of disagreement we
need to go beyond what logic alone can provide. In particular, following
Perelman, I argue that we need to consider how arguments are ascribed
different strengths by different audiences, according to how accepting these
arguments promotes values favoured by the audience to which they are
addressed. I show how we can extend the standard framework for modelling
argumentation systems to allow different audiences to be represented. (...)
Trevor Bench-Capon & Henry Prakken - 2010 - Artificial Intelligence and Law 18
(2):153-174.