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  1. Dialectical Models in Artificial Intelligence and Law.Jaap Hage - 2000 - Artificial Intelligence and Law 8 (2-3):137-172.
    Dialogues and dialectics have come to playan important role in the field of ArtificialIntelligence and Law. This paper describes thelegal-theoretical and logical background of this role,and discusses the different services into whichdialogues are put. These services include:characterising logical operators, modelling thedefeasibility of legal reasoning, providing the basisfor legal justification and identifying legal issues,and establishing the law in concrete cases. Specialattention is given to the requirements oflaw-establishing dialogues.
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  • Von Wright’s Therapy to Jørgensen’s Syndrome.Juliano S. A. Maranhão - 2009 - Law and Philosophy 28 (2):163 - 201.
    In his last papers about deontic logic, von Wright sustained that there is no genuine logic of norms. We argue in this paper that this striking statement by the father of deontic logic should not be understood as a death sentence to the subject. Rather, it indicates a profound change in von Wright's understanding about the epistemic and ontological role of logic in the field of norms. Instead of a logical constructivism of deontic systems revealing a necessary structure of prescriptive (...)
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  • An Axiomatic Theory of Law.Paolo Sandro - 2011 - Res Publica 17 (4):343-354.
    This paper presents in outline Luigi Ferrajoli’s axiomatic and general theory of law, as developed in his lifelong work Principia Iuris . The first section focuses on the three main aspects of the theory: the methodological, the theoretical and the pragmatic, which respectively represent the theory’s syntax, semantics and its pragmatics. Ferrajoli identifies three deontic gaps of norms: firstly, the one between their validity and efficacy ; secondly, the one between their justice and validity ; and finally, and most importantly, (...)
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  • A Model of Juridical Acts: Part 1: The World of Law. [REVIEW]Jaap Hage - 2011 - Artificial Intelligence and Law 19 (1):23-48.
    This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. Because juridical acts will be analyzed as intentional changes in the world of law, the ‘furniture’ of this world, that consists broadly speaking of entities, facts and rules, plays a central role in the analysis. This first part of the paper deals with this furniture and its (...)
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  • Norm-System Revision: Theory and Application. [REVIEW]Audun Stolpe - 2010 - Artificial Intelligence and Law 18 (3):247-283.
    This paper generalises classical revision theory of the AGM brand to sets of norms. This is achieved substituting input/output logic for classical logic and tracking the changes. Operations of derogation and amendment—analogues of contraction and revision—are defined and characterised, and the precise relationship between contraction and derogation, on the one hand, and derogation and amendment on the other, is established. It is argued that the notion of derogation, in particular, is a very important analytical tool, and that even core deontic (...)
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  • Legal Concepts as Inferential Nodes and Ontological Categories.Giovanni Sartor - 2009 - Artificial Intelligence and Law 17 (3):217-251.
    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 (...)
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  • Understanding the Law: Improving Legal Knowledge Dissemination by Translating the Contents of Formal Sources of Law. [REVIEW]Laurens Mommers, Wim Voermans, Wouter Koelewijn & Hugo Kielman - 2009 - Artificial Intelligence and Law 17 (1):51-78.
    Considerable attention has been given to the accessibility of legal documents, such as legislation and case law, both in legal information retrieval (query formulation, search algorithms), in legal information dissemination practice (numerous examples of on-line access to formal sources of law), and in legal knowledge-based systems (by translating the contents of those documents to ready-to-use rule and case-based systems). However, within AI & law, it has hardly ever been tried to make the contents of sources of law, and the relations (...)
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  • Dialectical Argumentation with Argumentation Schemes: An Approach to Legal Logic. [REVIEW]Bart Verheij - 2003 - Artificial Intelligence and Law 11 (2-3):167-195.
    This paper describes an approach to legal logic based on the formal analysis of argumentation schemes. Argumentation schemes a notion borrowed from the .eld of argumentation theory - are a kind of generalized rules of inference, in the sense that they express that given certain premises a particular conclusion can be drawn. However, argumentation schemes need not concern strict, abstract, necessarily valid patterns of reasoning, but can be defeasible, concrete and contingently valid, i.e., valid in certain contexts or under certain (...)
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  • Law, Logic, Rhetoric: A Procedural Model of Legal Argumentation.Arno R. Lodder - 2004 - In S. Rahman (ed.), Logic, Epistemology, and the Unity of Science. Dordrecht: Kluwer Academic Publishers. pp. 569--588.
  • Evaluating Arguments Based on Toulmin’s Scheme.Bart Verheij - 2001 - Argumentation 19 (3):347-371.
    Toulmin’s scheme for the layout of arguments represents an influential tool for the analysis of arguments. The scheme enriches the traditional premises-conclusion model of arguments by distinguishing additional elements, like warrant, backing and rebuttal. The present paper contains a formal elaboration of Toulmin’s scheme, and extends it with a treatment of the formal evaluation of Toulmin-style arguments, which Toulmin did not discuss at all. Arguments are evaluated in terms of a so-called dialectical interpretation of their assumptions. In such an interpretation, (...)
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  • Topics in Contemporary Legal Argumentation: Some Remarks on the Topical Nature of Legal Argumentation in the Continental Law Tradition.Guenther Kreuzbauer - 2008 - Informal Logic 28 (1):71-85.
    The article discusses topics in the context of contemporary legal argumentation. It starts with a sketch of the development of topics from ancient times until the present day. Here the author focuses on the theory of the German legal philosopher Theodor Viehweg, which was most influential to legal argumentation in the 20th century. Then a modern concept of topics is introduced and finally the author discusses the role of topics in contemporary legal argumentation. In this part the distinction between topoi (...)
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  • Essay Review.[author unknown] - 1999 - History and Philosophy of Logic 20 (1):47-53.
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  • Narration in Judiciary Fact-Finding: A Probabilistic Explication.Rafal Urbaniak - 2018 - Artificial Intelligence and Law 26 (4):345-376.
    Legal probabilism is the view that juridical fact-finding should be modeled using Bayesian methods. One of the alternatives to it is the narration view, according to which instead we should conceptualize the process in terms of competing narrations of what happened. The goal of this paper is to develop a reconciliatory account, on which the narration view is construed from the Bayesian perspective within the framework of formal Bayesian epistemology.
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  • The Logic of Analogy in the Law.Jaap Hage - 2005 - Argumentation 19 (4):401-415.
    This paper deals with two issues in the field of reasoning by analogy in the law. The one issue is whether there exists such a thing as analogous rule application, or whether there is only the ‘normal’ application of a broadened rule. It is argued that if rules, as the entities made by a legislator, are distinguished from generalised solutions for cases, the idea of analogous application of rules makes sense. It is also shown how the so-called ‘reason-based model of (...)
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  • Dynamic Epistemic Logic of Belief Change in Legal Judgments.Pimolluck Jirakunkanok, Katsuhiko Sano & Satoshi Tojo - 2018 - Artificial Intelligence and Law 26 (3):201-249.
    This study realizes belief/reliability change of a judge in a legal judgment by dynamic epistemic logic. A key feature of DEL is that possibilities in an agent’s belief can be represented by a Kripke model. This study addresses two difficulties in applying DEL to a legal case. First, since there are several methods for constructing a Kripke model, our question is how we can construct the model from a legal case. Second, since this study employs several dynamic operators, our question (...)
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  • Modeling the Evolution of Legal Discretion. An Artificial Intelligence Approach.Ruth Kannai, Uri Schild & John Zeleznikow - 2007 - Ratio Juris 20 (4):530-558.
  • Semantic Web Regulatory Models: Why Ethics Matter.Pompeu Casanovas - 2015 - Philosophy and Technology 28 (1):33-55.
    The notion of validity fulfils a crucial role in legal theory. In the emerging Web 3.0, Semantic Web languages, legal ontologies, and normative multi-agent systems are designed to cover new regulatory needs. Conceptual models for complex regulatory systems shape the characteristic features of rules, norms, and principles in different ways. This article outlines one of such multilayered governance models, designed for the CAPER platform, and offers a definition of Semantic Web Regulatory Models . It distinguishes between normative-SWRM and institutional-SWRM. It (...)
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  • The Representation of Legal Contracts.Aspassia Daskalopulu & Marek Sergot - 1997 - AI and Society 11 (1-2):6-17.
    The paper outlines ongoing research on logic-based tools for the analysis and representation of legal contracts, of the kind frequently encountered in large-scale engineering projects and complex, long-term trading agreements. We consider both contract formation and contract performance, in each case identifying the representational issues and the prospects for providing automated support tools.
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