Logical Models of Legal Argumentation

Nonfiction, Reference & Language, Law, Reference, Religion & Spirituality, Philosophy, Logic
Cover of the book Logical Models of Legal Argumentation by , Springer Netherlands
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9789401156684
Publisher: Springer Netherlands Publication: December 6, 2012
Imprint: Springer Language: English
Author:
ISBN: 9789401156684
Publisher: Springer Netherlands
Publication: December 6, 2012
Imprint: Springer
Language: English

In the study of forms of legal reasoning, logic and argumentation theory long followed separate tracks. `Legal logicians' tended to focus on a deductive reconstruction of justifying a decision, disregarding the dialectical process leading to the chosen justification. Others instead emphasized the adversarial and discretionary nature of legal reasoning, involving reasonable evaluation of alternative choices, and the use of analogical reasoning.
Recently, however, developments in Artificial Intelligence and Law have paved the way for overcoming this separation. Logic has widened its scope to defensible argumentation, and informal accounts of analogy and dialectics have inspired the construction of computer programs. Thus the prospect is emerging of an integrated logical and dialectical account of legal argument, adding to the understanding of legal reasoning, and providing a formal basis for computer tools that assist and mediate legal debates while leaving room for human initiative.
This book presents contributions to this development. From a logical point of view it covers topics such as evaluating conflicting arguments, weighing reasons, modelling legal disputes as a dialogue game, the role of the burden of proof, the relation between principles, rules, reasons and facts, and the relation between deductive and nondeductive arguments. Written by leading scholars in the field and building on recent developments in logic and Artificial Intelligence, the chapters provide a state-of-the-art account of research on the logical aspects of legal argument.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

In the study of forms of legal reasoning, logic and argumentation theory long followed separate tracks. `Legal logicians' tended to focus on a deductive reconstruction of justifying a decision, disregarding the dialectical process leading to the chosen justification. Others instead emphasized the adversarial and discretionary nature of legal reasoning, involving reasonable evaluation of alternative choices, and the use of analogical reasoning.
Recently, however, developments in Artificial Intelligence and Law have paved the way for overcoming this separation. Logic has widened its scope to defensible argumentation, and informal accounts of analogy and dialectics have inspired the construction of computer programs. Thus the prospect is emerging of an integrated logical and dialectical account of legal argument, adding to the understanding of legal reasoning, and providing a formal basis for computer tools that assist and mediate legal debates while leaving room for human initiative.
This book presents contributions to this development. From a logical point of view it covers topics such as evaluating conflicting arguments, weighing reasons, modelling legal disputes as a dialogue game, the role of the burden of proof, the relation between principles, rules, reasons and facts, and the relation between deductive and nondeductive arguments. Written by leading scholars in the field and building on recent developments in logic and Artificial Intelligence, the chapters provide a state-of-the-art account of research on the logical aspects of legal argument.

More books from Springer Netherlands

Cover of the book Mechanism, Mentalism and Metamathematics by
Cover of the book Limitations of National Sovereignty through European Integration by
Cover of the book Colonic Microbiota, Nutrition and Health by
Cover of the book Geographies of Science by
Cover of the book Phenomenology and Existentialism in the Twenthieth Century by
Cover of the book Fulleranes by
Cover of the book Urban Growth Analysis and Remote Sensing by
Cover of the book Nonlinear Phenomena in Complex Systems: From Nano to Macro Scale by
Cover of the book Mundus Cognobilis and Mundus Causalis by
Cover of the book Organometallic Compounds by
Cover of the book Language Origin: A Multidisciplinary Approach by
Cover of the book Solar-Terrestrial Influences on Weather and Climate by
Cover of the book Trends in Inflammatory Bowel Disease Therapy 1999 by
Cover of the book Bioinformatics of Human Proteomics by
Cover of the book The Handbook of Plant Biosecurity by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy