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  • 1
    Electronic Resource
    Electronic Resource
    A model of argumentation and its application to legal reasoning (1996)
    Springer
    Artificial intelligence and law 4 (1996), S. 163-197 
    Details
    ISSN: 1572-8382
    Keywords: argumentation ; legal reasoning ; burden of proof
    Source: Springer Online Journal Archives 1860-2000
    Topics: Computer Science , Law
    Notes: Abstract We present a computational model of dialectical argumentation that could serve as a basis for legal reasoning. The legal domain is an instance of a domain in which knowledge is incomplete, uncertain, and inconsistent. Argumentation is well suited for reasoning in such weak theory domains. We model argument both as information structure, i.e., argument units connecting claims with supporting data, and as dialectical process, i.e., an alternating series of moves by opposing sides. Our model includes burden of proof as a key element, indicating what level of support must be achieved by one side to win the argument. Burden of proof acts as move filter, turntaking mechanism, and termination criterion, eventually determining the winner of an argument. Our model has been implemented in a computer program. We demonstrate the model by considering program output for two examples previously discussed in the artificial intelligence and legal reasoning literature.
    Type of Medium: Electronic Resource
    URL: http://dx.doi.org/10.1007/BF00118492
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  • 2
    Electronic Resource
    Electronic Resource
    A theory of legal reasoning and a logic to match (1996)
    Springer
    Artificial intelligence and law 4 (1996), S. 199-273 
    Details
    ISSN: 1572-8382
    Keywords: legal reasoning ; reasoning with principles and rules ; non-monotonic logic
    Source: Springer Online Journal Archives 1860-2000
    Topics: Computer Science , Law
    Notes: Abstract This paper describes a model of legal reasoning and a logic for reasoning with rules, principles and goals that is especially suited to this model of legal reasoning. The paper consists of three parts. The first part describes a model of legal reasoning based on a two-layered view of the law. The first layer consists of principles and goals that express fundamental ideas of a legal system. The second layer contains legal rules which in a sense summarise the outcome of the interaction of the principles and goals for a number of case types. Both principles, goals and rules can be used in legal arguments, but their logical roles are different. One characteristic of the model of legal reasoning described in the first part of the paper is that it takes these logical differences into account. Another characteristic is that it pays serious attention to the phenomena of reasoning about the validity and acceptance of rules, respectively principles and goals, and about the application of legal rules, and the implications of these arguments for the use of rules, principles and goals in deriving legal conclusions for concrete cases. The second part of the paper first describes a logic (Reason-Based Logic) that is especially suited to deal with legal arguments as described in terms of the previously discussed model. The facilities of the logic are illustrated by means of examples that correspond to the several aspects of the model. The third part of the paper deals with a number of logico-philosophical reflections on Reason-Based Logic. The occasion is also used to compare these presuppositions with theories of defeasible reasoning based on the comparison of arguments.
    Type of Medium: Electronic Resource
    URL: http://dx.doi.org/10.1007/BF00118493
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  • 3
    Electronic Resource
    Electronic Resource
    A Goal-Dependent Abstraction for Legal Reasoning by Analogy (1997)
    Springer
    Artificial intelligence and law 5 (1997), S. 97-118 
    Details
    ISSN: 1572-8382
    Keywords: legal reasoning ; analogy ; similarity ; order-sorted logid ; taxonomic hierarchy ; goal-dependent abstraction
    Source: Springer Online Journal Archives 1860-2000
    Topics: Computer Science , Law
    Notes: Abstract This paper presents a new algorithm to find an appropriate similarityunder which we apply legal rules analogically. Since there may exist a lotof similarities between the premises of rule and a case in inquiry, we haveto select an appropriate similarity that is relevant to both thelegal rule and a top goal of our legal reasoning. For this purpose, a newcriterion to distinguish the appropriate similarities from the others isproposed and tested. The criterion is based on Goal-DependentAbstraction (GDA) to select a similarity such that an abstraction basedon the similarity never loses the necessary information to prove the ground (purpose of legislation) of the legal rule. In order to cope withour huge space of similarities, our GDA algorithm uses some constraintsto prune useless similarities.
    Type of Medium: Electronic Resource
    URL: http://dx.doi.org/10.1023/A:1008272013974
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  • 4
    Electronic Resource
    Electronic Resource
    On the Logical Foundations of Compound Predicate Formulae for Legal Knowledge Representation (1997)
    Springer
    Artificial intelligence and law 5 (1997), S. 77-96 
    Details
    ISSN: 1572-8382
    Keywords: legal reasoning ; CISG ; knowledge representation ; logic ; compound predicate formula
    Source: Springer Online Journal Archives 1860-2000
    Topics: Computer Science , Law
    Notes: Abstract In order to represent legal knowledge adequately, it is vital to create a formal device that can freely construct an individual concept directly from a predicate expression. For this purpose, a Compound Predicate Formula (CPF) is formulated for use in legal expert systems. In this paper, we willattempt to explain the nature of CPFs by rigorous logical foundation, i.e., establishing their syntax and semantics precisely through the use of appropriate examples. We note the advantages of our system over other such systems and discuss the significance of CPFs with regard to the formalization of legal reasonings using examples from the United Nations Convention for the International Sale of Goods.
    Type of Medium: Electronic Resource
    URL: http://dx.doi.org/10.1023/A:1008289826410
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  • 5
    Electronic Resource
    Electronic Resource
    Thinking about thought (1995)
    Springer
    European journal of law and economics 2 (1995), S. 119-125 
    Details
    ISSN: 1572-9990
    Keywords: Thought ; psychology ; legal reasoning
    Source: Springer Online Journal Archives 1860-2000
    Topics: Law , Economics
    Notes: Abstract The law is essentially an intellectual activity, and our understanding of the thinking processes are important. This article presents a discussion not of pure logic or what psychologists have worked out by experiments on rats, but a general description of how we actually think in problems such as those faced by lawyers.
    Type of Medium: Electronic Resource
    URL: http://dx.doi.org/10.1007/BF01540951
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  • 6
    Electronic Resource
    Electronic Resource
    What is the Place of Christian Wolff in the History of the Social Sciences? (1997)
    Springer
    European journal of law and economics 4 (1997), S. 147-232 
    Details
    ISSN: 1572-9990
    Keywords: Methodology ; history of social science ; economists ; political economy ; history ; historical school ; Germany ; England ; United States ; historicism ; economics ; philosophy ; Wolff
    Source: Springer Online Journal Archives 1860-2000
    Topics: Law , Economics
    Notes: Abstract This paper explores the place of Christian Wolff in the history of social science in English. The "Introduction" places Wolff in the context of the pre-history of modern social science. Samples are given of the great range of subjects on which he wrote. The importance of the German context is stressed. The second part is devoted to a sample of what the literature contains by and about Wolff. It emphasizes philosophy and science. Part three is a survey of works in the history of the social sciences that mention Wolff. He has a substantial place in political science and psychology, a much smaller place in economics and history, virtually none in anthropology, geography, and sociology. In the applied social sciences, he is found in the history of education. Possible reasons are given. Part four is devoted to the relationships of philosophy and philosophers in the pre-history of the social sciences. They were important in several different ways because they both shaped and reflected how many people thought about science and social problems. The “Summary and Conclusion” describes the present status. His contributions are summarized. He was a pivotal figure in the making of the German conception of social science. This is a preliminary study emphasizing the issues and problems that a more detailed examination would require. Several conventional judgments are challenged and possibilities for further research suggested.
    Type of Medium: Electronic Resource
    URL: http://dx.doi.org/10.1023/A:1008679326854
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