Abstract Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded cognizer (...) to true belief and correct choices, needs to take into account the attitudes of dialogue partners as well as normative models of dialogue and communicative activity types, in particular social and cultural settings. Content Type Journal Article Pages 1-32 DOI 10.1007/s10503-012-9262-y Authors Douglas Walton, Centre for Research in Reasoning, Argumentation and Rhetoric (CRRAR), University of Windsor, 2500 University Ave. W., Windsor, ON N9B 3Y1, Canada Giovanni Sartor, Law Department, European University Institute, Villa Schifanoia, Via Boccaccio 121, 50133 Florence, Italy Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X. (shrink)
This paper studies how legal choices, and in particular legislative determinations, need to consider multiple rights and values, and can be assessed accordingly. First it is argued that legal norms (and in particular constitutional right-norms) often prescribe the pursuit of goals, which may be in conflict one with another. Then a model of teleological reasoning is brought to bear on choices affecting different goals, among which those prescribed by constitutional norms. An analytical framework is provided for evaluating such choices with (...) regard to possible alternatives. The assessment of legislative choices according to proportionality is then considered, and is modelled using the provided analytical framework. Finally, the framework is expanded to include the ideas of reasonableness and institutional deference, and the corresponding margins of appreciation. (shrink)
I shall argue that software agents can be attributed cognitive states, since their behaviour can be best understood by adopting the intentional stance. These cognitive states are legally relevant when agents are delegated by their users to engage, without users’ review, in choices based on their the agents’ own knowledge. Consequently, both with regard to torts and to contracts, legal rules designed for humans can also be applied to software agents, even though the latter do not have rights and duties (...) of their own. The implications of this approach in different areas of the law are then discussed, in particular with regard to contracts, torts, and personality. (shrink)
I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from the belief in the concept’s applicability, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, the inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views (...) on theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Consequently, the mere comprehension of a legal concept will be distinguished from the application of the concept to a particular legal system, since application presupposes a doctrinal commitment, namely, the belief that the inferences constituting the concept hold in that system. Then, I shall consider how concepts can be characterised by defining the corresponding terms and placing them within an ontology. Finally, I shall argue that there is a tension between the inferential and the ontological approach, but that both need to be taken into account, to capture the meaning and the cognitive function of legal concepts. (shrink)
Abstract. In this paper I shall take an inferential approach to legality (legal validity), and consider how the legality of a norm can be inferred, and what can be inferred from it. In particular, I shall analyse legality policies, namely, conditionals conferring the quality of legality upon norms having certain properties, and I shall examine to what extent such conditionals need to be positivistic, so that legality is only dependant on social facts. Finally, I shall consider how legality is transmitted (...) from norm to norm and whether the ultimate legality policies (the rules of recognition) of a legal system need to be constituted by social facts. (shrink)
We shall introduce a set of fundamental legal concepts, providing a definition of each of them. This set will include, besides the usual deontic modalities (obligation, prohibition and permission), the following notions: obligative rights (rights related to other’s obligations), permissive rights, erga-omnes rights, normative conditionals, liability rights, different kinds of legal powers, potestative rights (rights to produce legal results), result-declarations (acts intended to produce legal determinations), and sources of the law.
In this paper we provide a formal analysis of the idea of normative co-ordination. We argue that this idea is based on the assumption that agents can achieve flexible co-ordination by conferring normative positions to other agents. These positions include duties, permissions, and powers. In particular, we explain the idea of declarative power, which consists in the capacity of the power-holder of creating normative positions, involving other agents, simply by proclaiming such positions. In addition, we account also for the concepts (...) of representation, namely the representatives capacity of acting in the name of his principal, and of mandate, which is the mandatees duty to act as the mandator has requested. Finally, we show how the framework can be applied to represent the contract-net protocol. Some brief remarks on future research and applications conclude this contribution. (shrink)
Reasoning with cases has been a primary focus of those working in AI and law who have attempted to model legal reasoning. In this paper we put forward a formal model of reasoning with cases which captures many of the insights from that previous work. We begin by stating our view of reasoning with cases as a process of constructing, evaluating and applying a theory. Central to our model is a view of the relationship between cases, rules based on cases, (...) and the social values which justify those rules. Having given our view of these relationships, we present our formal model of them, and explain how theories can be constructed, compared and evaluated. We then show how previous work can be described in terms of our model, and discuss extensions to the basic model to accommodate particular features of previous work. We conclude by identifying some directions for future work. (shrink)
This paper proposes to model legal reasoning asdialectical theory-constructiondirected by teleology. Precedents are viewed asevidence to be explained throughtheories. So, given a background of factors andvalues, the parties in a case canbuild their theories by using a set of operators,which are called theory constructors.The objective of each party is to provide theoriesthat both explain the evidence (theprecedents) and support the decision wished by thatparty. This leads to theory-basedargumentation, i.e., a dialectical exchange ofcompeting theories, which support opposedoutcomes by explaining the same (...) evidence and appealingto the same values. The winneris the party that can reply with a more coherent theoryto all theories of its adversary. (shrink)
The paper argues for viewing legal validity as a doxastic obligation, i.e. as the obligation to accept a rule in legal reasoning. This notion of legal validity is shown to be both sufficient for the laywers' needs and neutral in regard to various theories of the grounds of validity, i.e. theories intended to identify what rules are legally valid, by proposing different grounds for attributing validity. All of these theories, rather then being alternative definitions of validity, presuppose the notion here (...) provided.This notion is purely normative, but it allows for the construction of theories of the grounds of validity which give due importance to social expectations and institutions. As an example of how this may happen, one such theory is also provided. This theory, which is presented through a detailed example of a judicial debate, is based upon the recognition of the (instrumental) value of co-ordination, as the necessary way to achieve the most valuable purposes of the law. (shrink)
Computational approaches to the law have frequently been characterized as being formalistic implementations of the syllogistic model of legal cognition: using insufficient or contradictory data, making analogies, learning through examples and experiences, applying vague and imprecise standards. We argue that, on the contrary, studies on neural networks and fuzzy reasoning show how AI & law research can go beyond syllogism, and, in doing that, can provide substantial contributions to the law.
Inspired by legal reasoning, this paper presents a formal framework for assessing conflicting arguments. Its use is illustrated with applications to realistic legal examples, and the potential for implementation is discussed. The framework has the form of a logical system for defeasible argumentation. Its language, which is of a logic-programming-like nature, has both weak and explicit negation, and conflicts between arguments are decided with the help of priorities on the rules. An important feature of the system is that these priorities (...) are not fixed, but are themselves defeasibly derived as conclusions within the system. Thus debates on the choice between conflicting arguments can also be modelled.The proof theory of the system is stated in dialectical style, where a proof takes the form of a dialogue between a proponent and an opponent of an argument. An argument is shown to be justified if the proponent can make the opponent run out of moves in whatever way the opponent attacks. Despite this dialectical form, the system reflects a declarative, or relational approach to modelling legal argument. A basic assumption of this paper is that this approach complements two other lines of research in AI and Law, investigations of precedent-based reasoning and the development of procedural, or dialectical models of legal argument. (shrink)
This article proposes a formal analysis of a fundamental aspect of legal reasoning: dealing with normative conflicts. Firstly, examples are illustrated concerning the dynamics of legal systems, the application of rules and exceptions, and the semantic indeterminacy of legal sources. Then two approaches to cope with conflicting information are presented: the preferred theories of Brewka, and the belief change functions of Alchourrón, Gärdenfors, and Makinson. The relations between those approaches are closely examined, and some aspects of a model of reasoning (...) with normative conflicts are outlined. Since this model takes into account an ordering of the involved regulations, criteria to order legal norms are finally specified. (shrink)