Legal Argumentation and Evidence

Author: Douglas Walton

Publisher: Penn State Press

ISBN: 9780271048338

Category: Law

Page: N.A

View: 3954

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.

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: 4072

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.

Witness Testimony Evidence

Argumentation and the Law

Author: Douglas Walton

Publisher: Cambridge University Press

ISBN: 1139468804

Category: Philosophy

Page: N.A

View: 5582

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.

Argumentation Methods for Artificial Intelligence in Law

Author: Douglas Walton

Publisher: Springer Science & Business Media

ISBN: 9783540251873

Category: Law

Page: 270

View: 661

Use of argumentation methods applied to legal reasoning is a relatively new field of study. The book provides a survey of the leading problems, and outlines how future research using argumentation-based methods show great promise of leading to useful solutions. The problems studied include not only these of argument evaluation and argument invention, but also analysis of specific kinds of evidence commonly used in law, like witness testimony, circumstantial evidence, forensic evidence and character evidence. New tools for analyzing these kinds of evidence are introduced.

Evidence, Argument, and Persuasion in the Policy Process

Author: Giandomenico Majone

Publisher: Yale University Press

ISBN: 9780300052596

Category: Political Science

Page: 190

View: 1806

In modern industrial democracies, the making of public policy is dependent on policy analysis--the generation, discussion, and evaluation of policy alternatives. Policy analysis is often characterized, especially by economists, as a technical, nonpartisan, objective enterprise, separate from the constraints of the political environment. however, says the eminent political scientist Giandomenico Majone, this characterization of policy analysis is seriously flawed. According to Majone, policy analysts do not engage in a purely technical analysis of alternatives open to policymakers, but instead produce policy arguments that are based on value judgments and are used in the course of public debate. In this book Majone offers his own definition of policy analysis and examines all aspects of it--from problem formulation and the choice of policy instruments to program development and policy evaluation. He argues that rhetorical skills are crucial for policy analysts when they set the norms that determine when certain conditions are to be regarded as policy problems, when they advise on technical issues, and when they evaluate policy. Policy analysts can improve the quality of public deliberation by refining the standards of appraisal of public programs and facilitating a wide-ranging dialogue among advocates of different criteria. In fact, says Majone, the essential need today is not to develop 'objective' measures of outcomes--the traditional aim of evaluation research--but to improve the methods and conditions of public discourse at all levels and stages of policy-making.

Argument Types and Fallacies in Legal Argumentation

Author: Thomas Bustamante,Christian Dahlman

Publisher: Springer

ISBN: 3319161482

Category: Law

Page: 222

View: 8661

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.

Argument Evaluation and Evidence

Author: Douglas Walton

Publisher: Springer

ISBN: 331919626X

Category: Philosophy

Page: 286

View: 5668

​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.

Ethical Argumentation

Author: Douglas N. Walton

Publisher: Lexington Books

ISBN: 9780739103494

Category: Religion

Page: 311

View: 9347

Bridging the gap between applied ethics and ethical theory, Ethical Argumentation draws on recent research in argumentation theory to develop a more realistic model of how ethical justification actually works. Douglas Walton presents a new model of ethical argumentation in which ethical justification is analyzed as a defeasible form of argumentation considered in a balanced dialogue. Walton's new model employs techniques such as: asking the appropriate critical questions, probing accepted values, finding nonexplicit assumptions in an ethical argument, and deconstructing emotive terms and persuasive definitions. This book will be of significant interest to scholars and advanced students in applied ethics and theory.

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: 7626

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.

Legal Evidence and Proof

Statistics, Stories, Logic

Author: Henry Prakken,Hendrik Kaptein

Publisher: Routledge

ISBN: 1317106296

Category: Law

Page: 302

View: 7743

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.

Legal Knowledge and Information Systems

JURIX 2014: The Twenty-Seventh Annual Conference

Author: R. Hoekstra

Publisher: IOS Press

ISBN: 1614994684

Category: Computers

Page: 220

View: 3645

The JURIX conferences are an established international forum for academics, practitioners, government and industry to present and discuss advanced research at the interface between law and computer science. Subjects addressed in this book cover all aspects of this diverse field: theoretical – focused on a better understanding of argumentation, reasoning, norms and evidence; empirical – targeted at a more general understanding of law and legal texts in particular; and practical papers aimed at enabling a broader technical application of theoretical insights. This book presents the proceedings of the 27th International Conference on Legal Knowledge and Information Systems: JURIX 2014, held in Kraków, Poland, in December 2014. The book includes the 14 full papers, 8 short papers, 6 posters and 2 demos – the first time that poster submissions have been included in the proceedings. The book will be of interest to all those whose work involves legal theory, argumentation and practice and who need a current overview of the ways in which current information technology is relevant to legal practice.

Forensic Translation

An Introduction to Forensic Translation Analysis

Author: Ali Darwish

Publisher: Writescope Publishers

ISBN: 0987070983

Category: Criminology

Page: 212

View: 1596

This book presents a framework for translation-mediated forensic analysis to deal with problems that require special techniques, procedures and methodologies not normally found in a recently developing branch of linguistics called Forensic Linguistics.

Burden of Proof, Presumption and Argumentation

Author: Douglas Walton

Publisher: Cambridge University Press

ISBN: 1107046629

Category: Computers

Page: 318

View: 3572

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.

Abductive Reasoning

Author: Douglas Walton

Publisher: University of Alabama Press

ISBN: 0817357823

Category: Language Arts & Disciplines

Page: 303

View: 5766

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

Argumentation and the Decision Making Process

Author: Richard D. Rieke,Malcolm Osgood Sillars

Publisher: Addison-Wesley Longman

ISBN: N.A

Category: Debates and debating

Page: 347

View: 1836

This book examines the general principles of argument and then applies those principles to different spheres of life-politics, science, law, etc.--to explore how conventions of argument change when applied to real world arenas. A new chapter on evidence and argument in religion adds additional sphere to this edition and expands cultural diversity coverage. Projects at the end of each chapter allow readers to become actively involved in the material by applying the principles learned to real life. The book also employs real life examples throughout to help make the concepts clearer and help readers see the relevance of argumentative skills to their lives. For anyone interested in improving their argumentation skills.

Logical Models of Legal Argumentation

Author: H. Prakken,Giovanni Sartor

Publisher: Springer Science & Business Media

ISBN: 9401156689

Category: Law

Page: 216

View: 9060

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.

Justice, Law, and Argument

Essays on Moral and Legal Reasoning

Author: Ch. Perelman

Publisher: Springer Science & Business Media

ISBN: 9400990103

Category: Philosophy

Page: 194

View: 1725

This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.

Legal Knowledge and Information Systems

JURIX 2008: the Twentieth First Annual Conference

Author: Enrico Francesconi,Giovanni Sartor

Publisher: IOS Press

ISBN: 1586039520

Category: Law

Page: 219

View: 5229

From its very beginning, legal informatics was mostly limited to the study of legal databases, but very early on, the Institute of Legal Information Theory and Techniques (ITTIG) started being involved with the specific topic of the Jurix conference, namely knowledge-based systems. This book includes programmatic papers with precise accounts of applications and prototypes. In many domains the focus has changed. For instance, research in retrieval has moved from classical Boolean systems into the management of documents in the Web. It addresses in particular standards and methods for embedding machine readable information into such documents and search methods that deal with heterogeneous information. Similarly, with regard to legal concepts, the focus has moved from thesauri to ontologies or to techniques for the automatic extraction of concepts from natural language texts. In the domain of legal reasoning merely deductive inferences have been expanded with models of legal argumentation, dialogue and mediation. The conference Logica, informatica e diritto 1981 and Jurix 2008 share the connection between theoretical models and the development of applications and prototypes. However, while in 1981 one could mostly see a juxtaposition of papers in legal theory and papers in computer applications, in 2008 we can see how discussions of issues in legal theory are embedded within contributions to legal informatics. This shows how research in legal informatics is increasingly becoming an autonomous domain of scientific inquiry by creatively incorporating and developing knowledge and methods from the two disciplines from which it originates (legal theory and computer science), while preserving links with them.