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Logical Models of Legal Argumentation (Hardcover, Reprinted from ARTIFICIAL INTELLIGENCE AND LAW, 4:3-4, 1997)
Loot Price: R4,478
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Logical Models of Legal Argumentation (Hardcover, Reprinted from ARTIFICIAL INTELLIGENCE AND LAW, 4:3-4, 1997)
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Total price: R4,498
Discovery Miles: 44 980
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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.
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