Legal Argumentation and Evidence

Author: Douglas Walton

Publisher: Penn State Press

ISBN: 9780271048338

Category: Law

Page: N.A

View: 9191

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.

Legal Argumentation and Evidence

Author: Douglas Walton

Publisher: Penn State University Press

ISBN: 9780271058351

Category: Law

Page: 392

View: 5531

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.

Legal Argumentation and Evidence

Author: Douglas N. Walton

Publisher: Penn State University Press

ISBN: 9780271021775

Category: Law

Page: 374

View: 4077

Explores the operation of logical reasoning in trials and legal argumentation, specifically as it applies to the law of evidence.

Handbook of Legal Reasoning and Argumentation

Author: Giorgio Bongiovanni,Gerald Postema,Antonino Rotolo,Giovanni Sartor,Chiara Valentini,Douglas Walton

Publisher: Springer

ISBN: 9048194520

Category: Philosophy

Page: 764

View: 2545

This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.

Legal Evidence and Proof

Statistics, Stories, Logic

Author: Henry Prakken,Hendrik Kaptein

Publisher: Routledge

ISBN: 1317106296

Category: Law

Page: 302

View: 6831

As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.

Evidence, Argument, and Persuasion in the Policy Process

Author: Giandomenico Majone

Publisher: Yale University Press

ISBN: 9780300052596

Category: Political Science

Page: 190

View: 9869

This book challenges the common assumption that policy analysts engage in purely objective technical assessment of policy alternatives. It argues instead that what analysts really do is produce policy arguments that are based on value judgments and are used by policymakers in the course of public debate. Giandomenico Majone shows that the essential need today is not to develop 'objective' measures of outcomes but rather to improve the methods and conditions of public discourse at all levels and stages of policy making.

Argument Evaluation and Evidence

Author: Douglas Walton

Publisher: Springer

ISBN: 331919626X

Category: Philosophy

Page: 286

View: 6132

​This monograph poses a series of key problems of evidential reasoning and argumentation. It then offers solutions achieved by applying recently developed computational models of argumentation made available in artificial intelligence. Each problem is posed in such a way that the solution is easily understood. The book progresses from confronting these problems and offering solutions to them, building a useful general method for evaluating arguments along the way. It provides a hands-on survey explaining to the reader how to use current argumentation methods and concepts that are increasingly being implemented in more precise ways for the application of software tools in computational argumentation systems. It shows how the use of these tools and methods requires a new approach to the concepts of knowledge and explanation suitable for diverse settings, such as issues of public safety and health, debate, legal argumentation, forensic evidence, science education, and the use of expert opinion evidence in personal and public deliberations.

Legal Argument: The Structure and Language of Effective Advocacy

Author: James A. Gardner

Publisher: LexisNexis

ISBN: 032717708X

Category: Law

Page: 188

View: 2889

Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation - cases, statutes, testimony, documents, common sense - into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts: • Part I sets out a general methodology for constructing legal arguments. • Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure. • Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch. • Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments. • Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument.

Burden of Proof, Presumption and Argumentation

Author: Douglas Walton

Publisher: Cambridge University Press

ISBN: 1107046629

Category: Computers

Page: 318

View: 8090

This book explains how burden of proof and presumption work as powerful devices in argumentation, based on studying many clearly explained legal and non-legal examples. It shows how the latest argumentation-based methods of artificial intelligence can be applied to these examples to help us understand how burdens of proof and presumptions work as devices of legal reasoning. It also shows the reader how to deal with presumptions and burdens of proof in everyday life, as they shift from one side to the other, sometimes confusingly, during a sequence of argumentation.

Witness Testimony Evidence

Argumentation and the Law

Author: Douglas Walton

Publisher: Cambridge University Press

ISBN: 1139468804

Category: Philosophy

Page: N.A

View: 1067

Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process.

A Pragmatic Theory of Fallacy

Author: Douglas Walton

Publisher: University Alabama Press

ISBN: 9780817350475

Category: Philosophy

Page: 324

View: 3934

Douglas Walton takes a new analytical look at the concept of fallacy and presents an up-to-date analysis of its usefulness for argumentation studies.

Argument Types and Fallacies in Legal Argumentation

Author: Thomas Bustamante,Christian Dahlman

Publisher: Springer

ISBN: 3319161482

Category: Law

Page: 222

View: 3489

This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.

Arguments, Stories and Criminal Evidence

A Formal Hybrid Theory

Author: Floris J. Bex

Publisher: Springer Science & Business Media

ISBN: 9789400701403

Category: Law

Page: 292

View: 7269

In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and arguments to anchor these stories in evidence. Thus the argumentative and the narrative approaches from the research in legal philosophy and legal psychology are combined. Because the book describes its subjects in both an informal and a formal style, it is relevant for scholars in legal philosophy, AI, logic and argumentation theory. The book can also appeal to practitioners in the investigative and legal professions, who are interested in the ways in which they can and should reason with evidence.

Law and the New Logics

Author: H. Patrick Glenn,Lionel D. Smith

Publisher: Cambridge University Press

ISBN: 1107106958

Category: Law

Page: 300

View: 6367

This book explores relationships between law and legal reasoning, and recent developments in formal logic.

Abductive Reasoning

Author: Douglas Walton

Publisher: University of Alabama Press

ISBN: 0817357823

Category: Language Arts & Disciplines

Page: 303

View: 8289

A study of the role of abductive inference in everyday argumentation and legal evidence.

Methods of Argumentation

Author: Douglas Walton

Publisher: Cambridge University Press

ISBN: 1107039304

Category: Computers

Page: 308

View: 8074

This book, written by a leading expert, and based on the latest research, shows how to apply methods of argumentation to a range of examples.

Arguments from Ignorance

Author: Douglas Walton

Publisher: Penn State Press

ISBN: 9780271041964

Category: Philosophy

Page: N.A

View: 5664

Computer Applications for Handling Legal Evidence, Police Investigation and Case Argumentation

Author: Ephraim Nissan

Publisher: Springer Science & Business Media

ISBN: 904818990X

Category: Social Science

Page: 1340

View: 5431

This book provides an overview of computer techniques and tools — especially from artificial intelligence (AI) — for handling legal evidence, police intelligence, crime analysis or detection, and forensic testing, with a sustained discussion of methods for the modelling of reasoning and forming an opinion about the evidence, methods for the modelling of argumentation, and computational approaches to dealing with legal, or any, narratives. By the 2000s, the modelling of reasoning on legal evidence has emerged as a significant area within the well-established field of AI & Law. An overview such as this one has never been attempted before. It offers a panoramic view of topics, techniques and tools. It is more than a survey, as topic after topic, the reader can get a closer view of approaches and techniques. One aim is to introduce practitioners of AI to the modelling legal evidence. Another aim is to introduce legal professionals, as well as the more technically oriented among law enforcement professionals, or researchers in police science, to information technology resources from which their own respective field stands to benefit. Computer scientists must not blunder into design choices resulting in tools objectionable for legal professionals, so it is important to be aware of ongoing controversies. A survey is provided of argumentation tools or methods for reasoning about the evidence. Another class of tools considered here is intended to assist in organisational aspects of managing of the evidence. Moreover, tools appropriate for crime detection, intelligence, and investigation include tools based on link analysis and data mining. Concepts and techniques are introduced, along with case studies. So are areas in the forensic sciences. Special chapters are devoted to VIRTOPSY (a procedure for legal medicine) and FLINTS (a tool for the police). This is both an introductory book (possibly a textbook), and a reference for specialists from various quarters.

Appeal to Popular Opinion

Author: Douglas Walton

Publisher: Penn State Press

ISBN: 0271042540

Category: Social Science

Page: N.A

View: 1353