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Studies in Legal LogicDialectical Models in Artificial Intelligence and Law

Studies in Legal Logic: Dialectical Models in Artificial Intelligence and Law Chapter 8 DIALECTICAL MODELS IN ARTIFICIAL INTELLIGENCE AND LAW 1. INTRODUCTION Dialectics and dialogues play an important role in the field of Artificial Intelligence and Law. There seem to be two major grounds for this popularity of dialectics and dialogues, corresponding to both form and content of legal reasoning. Legal reasoning is centered round the application of rules and principles and this kind of reasoning is defeasible. Dialectics provides a suitable tool to analyze and model this defeasibility. Moreover, the law is an open system. As a consequence, there may be disagreement about the starting points of legal arguments, which in turn makes uncertain which legal conclusions are justified. Dialogues provide a The difference between dialectics and dialogues, as I use these terms, is explained in section 5. Ahead of this explanation, dialogues can be taken to be real dialogues governed by a dialogue protocol. Dialectics is the more general category, which also includes dialog-like presentations of logical systems. The three-ply arguments in the HYPO-system (Ashley 1991) can be seen as a kind of dialogues between hypothetical adversaries. This line is continued in later work building on the HYPO-foundations (e.g. Skalak and Rissland 1991 and 1992; Rissland, Skalak and http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Studies in Legal LogicDialectical Models in Artificial Intelligence and Law

Part of the Law and Philosophy Library Book Series (volume 70)
Studies in Legal Logic — Jan 1, 2005
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Publisher
Springer Netherlands
Copyright
© Springer 2005
ISBN
978-1-4020-3517-3
Pages
227 –264
DOI
10.1007/1-4020-3552-7_9
Publisher site
See Chapter on Publisher Site

Abstract

Chapter 8 DIALECTICAL MODELS IN ARTIFICIAL INTELLIGENCE AND LAW 1. INTRODUCTION Dialectics and dialogues play an important role in the field of Artificial Intelligence and Law. There seem to be two major grounds for this popularity of dialectics and dialogues, corresponding to both form and content of legal reasoning. Legal reasoning is centered round the application of rules and principles and this kind of reasoning is defeasible. Dialectics provides a suitable tool to analyze and model this defeasibility. Moreover, the law is an open system. As a consequence, there may be disagreement about the starting points of legal arguments, which in turn makes uncertain which legal conclusions are justified. Dialogues provide a The difference between dialectics and dialogues, as I use these terms, is explained in section 5. Ahead of this explanation, dialogues can be taken to be real dialogues governed by a dialogue protocol. Dialectics is the more general category, which also includes dialog-like presentations of logical systems. The three-ply arguments in the HYPO-system (Ashley 1991) can be seen as a kind of dialogues between hypothetical adversaries. This line is continued in later work building on the HYPO-foundations (e.g. Skalak and Rissland 1991 and 1992; Rissland, Skalak and

Published: Jan 1, 2005

Keywords: Winning Strategy; Concrete Case; Dialogue System; Dialogue Protocol; Brute Fact

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