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  1. Argument from Expert Opinion as Legal Evidence: Critical Questions and Admissibility Criteria of Expert Testimony in the American Legal System.Douglas Walton David M. Godden - 2006 - Ratio Juris 19 (3):261-286.
    . While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in (...)
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  • Unacceptable Generalizations in Arguments on Legal Evidence.Christian Dahlman - 2017 - Argumentation 31 (1):83-99.
    Arguments on legal evidence rely on generalizations, that link a certain circumstance to a certain hypothesis and warrants the claim that the circumstance makes the hypothesis more probable. Some generalizations are acceptable and others are unacceptable. A generalization can be unacceptable on at least four different grounds. A false generalization is unacceptable because membership in the reference class does not increase the probability of the hypothesis. A non-robust generalization is unacceptable because it uses a reference class that is too heterogeneous. (...)
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  • Explainable AI tools for legal reasoning about cases: A study on the European Court of Human Rights.Joe Collenette, Katie Atkinson & Trevor Bench-Capon - 2023 - Artificial Intelligence 317 (C):103861.
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  • Legal stories and the process of proof.Floris Bex & Bart Verheij - 2013 - Artificial Intelligence and Law 21 (3):253-278.
    In this paper, we continue our research on a hybrid narrative-argumentative approach to evidential reasoning in the law by showing the interaction between factual reasoning (providing a proof for ‘what happened’ in a case) and legal reasoning (making a decision based on the proof). First we extend the hybrid theory by making the connection with reasoning towards legal consequences. We then emphasise the role of legal stories (as opposed to the factual stories of the hybrid theory). Legal stories provide a (...)
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  • Solving a Murder Case by Asking Critical Questions: An Approach to Fact-Finding in Terms of Argumentation and Story Schemes. [REVIEW]Floris Bex & Bart Verheij - 2012 - Argumentation 26 (3):325-353.
    In this paper, we look at reasoning with evidence and facts in criminal cases. We show how this reasoning may be analysed in a dialectical way by means of critical questions that point to typical sources of doubt. We discuss critical questions about the evidential arguments adduced, about the narrative accounts of the facts considered, and about the way in which the arguments and narratives are connected in an analysis. Our treatment shows how two different types of knowledge, represented as (...)
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  • Audiences in argumentation frameworks.Trevor J. M. Bench-Capon, Sylvie Doutre & Paul E. Dunne - 2007 - Artificial Intelligence 171 (1):42-71.
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  • A history of AI and Law in 50 papers: 25 years of the international conference on AI and Law. [REVIEW]Trevor Bench-Capon, Michał Araszkiewicz, Kevin Ashley, Katie Atkinson, Floris Bex, Filipe Borges, Daniele Bourcier, Paul Bourgine, Jack G. Conrad, Enrico Francesconi, Thomas F. Gordon, Guido Governatori, Jochen L. Leidner, David D. Lewis, Ronald P. Loui, L. Thorne McCarty, Henry Prakken, Frank Schilder, Erich Schweighofer, Paul Thompson, Alex Tyrrell, Bart Verheij, Douglas N. Walton & Adam Z. Wyner - 2012 - Artificial Intelligence and Law 20 (3):215-319.
    We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...)
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  • On the acceptability of arguments and its fundamental role in nonmonotonic reasoning, logic programming and n-person games: 25 years later.Pietro Baroni, Francesca Toni & Bart Verheij - 2020 - Argument and Computation 11 (1-2):1-14.
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  • In memoriam Douglas N. Walton: the influence of Doug Walton on AI and law.Katie Atkinson, Trevor Bench-Capon, Floris Bex, Thomas F. Gordon, Henry Prakken, Giovanni Sartor & Bart Verheij - 2020 - Artificial Intelligence and Law 28 (3):281-326.
    Doug Walton, who died in January 2020, was a prolific author whose work in informal logic and argumentation had a profound influence on Artificial Intelligence, including Artificial Intelligence and Law. He was also very interested in interdisciplinary work, and a frequent and generous collaborator. In this paper seven leading researchers in AI and Law, all past programme chairs of the International Conference on AI and Law who have worked with him, describe his influence on their work.
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  • Argumentation schemes in AI and Law.Katie Atkinson & Trevor Bench-Capon - 2021 - Argument and Computation 12 (3):417-434.
    In this paper we describe the impact that Walton’s conception of argumentation schemes had on AI and Law research. We will discuss developments in argumentation in AI and Law before Walton’s schemes became known in that community, and the issues that were current in that work. We will then show how Walton’s schemes provided a means of addressing all of those issues, and so supplied a unifying perspective from which to view argumentation in AI and Law.
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  • Thirty years of Artificial Intelligence and Law: overviews.Michał Araszkiewicz, Trevor Bench-Capon, Enrico Francesconi, Marc Lauritsen & Antonino Rotolo - 2022 - Artificial Intelligence and Law 30 (4):593-610.
    The first issue of _Artificial Intelligence and Law_ journal was published in 1992. This paper discusses several topics that relate more naturally to groups of papers than a single paper published in the journal: ontologies, reasoning about evidence, the various contributions of Douglas Walton, and the practical application of the techniques of AI and Law.
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  • Handbook of Argumentation Theory.Frans H. van Eemeren, Bart Garssen, Erik C. W. Krabbe, A. Francisca Snoeck Henkemans, Bart Verheij & Jean H. M. Wagemans - 2014 - Dordrecht, Netherland: Springer.
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  • Deductive and abductive argumentation based on information graphs.Remi Wieten, Floris Bex, Henry Prakken & Silja Renooij - 2022 - Argument and Computation 13 (1):49-91.
    In this paper, we propose an argumentation formalism that allows for both deductive and abductive argumentation, where ‘deduction’ is used as an umbrella term for both defeasible and strict ‘forward’ inference. Our formalism is based on an extended version of our previously proposed information graph formalism, which provides a precise account of the interplay between deductive and abductive inference and causal and evidential information. In the current version, we consider additional types of information such as abstractions which allow domain experts (...)
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  • When expert opinion evidence goes wrong.Douglas Walton - 2019 - Artificial Intelligence and Law 27 (4):369-401.
    This paper combines three computational argumentation systems to model the sequence of argumentation in a famous murder trial and the appeal procedure that followed. The paper shows how the argumentation scheme for argument from expert opinion can be built into a testing procedure whereby an argument graph is used to interpret, analyze and evaluate evidence-based natural language argumentation of the kind found in a trial. It is shown how a computational argumentation system can do this by combining argument schemes with (...)
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  • Similarity, precedent and argument from analogy.Douglas Walton - 2010 - Artificial Intelligence and Law 18 (3):217-246.
    In this paper, it is shown (1) that there are two schemes for argument from analogy that seem to be competitors but are not, (2) how one of them is based on a distinctive type of similarity premise, (3) how to analyze the notion of similarity using story schemes illustrated by some cases, (4) how arguments from precedent are based on arguments from analogy, and in many instances arguments from classification, and (5) that when similarity is defined by means of (...)
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  • Speech Act Rules for Burden of Proof in a Modified Hamblin Dialogue System.Douglas Walton - 2011 - Informal Logic 31 (4):279-304.
    In his book on fallacies, Hamblin built a very simple system for argumentation in dialogue he called the Why Because System with Questions. In his discussion of this system, he replaced the concept of burden of proof with a simpler concept of initiative, which could be described as something like getting the upper hand as the argumentation moves back and forth in the dialogue between the one party and the other. No doubt he realized that the concept of burden of (...)
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  • Reasoning about knowledge using defeasible logic.Douglas Walton - 2011 - Argument and Computation 2 (2-3):131 - 155.
    In this paper, the Carneades argumentation system is extended to represent a procedural view of inquiry in which evidence is marshalled to support or defeat claims to knowledge. The model is a sequence of moves in a collaborative group inquiry in which parties take turns making assertions about what is known or not known, putting forward evidence to support them, and subjecting these moves to criticisms. It is shown how this model of evaluating evidence in an inquiry is based on (...)
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  • Plausible Argumentation in Eikotic Arguments: The Ancient Weak Versus Strong Man Example.Douglas Walton - 2019 - Argumentation 33 (1):45-74.
    In this paper it is shown how plausible reasoning of the kind illustrated in the ancient Greek example of the weak and strong man can be analyzed and evaluated using a procedure in which the pro evidence is weighed against the con evidence using formal, computational argumentation tools. It is shown by means of this famous example how plausible reasoning is based on an audience’s recognition of situations of a type they are familiar with as normal and comprehensible in their (...)
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  • On a razor's edge: evaluating arguments from expert opinion.Douglas Walton - 2014 - Argument and Computation 5 (2-3):139-159.
    This paper takes an argumentation approach to find the place of trust in a method for evaluating arguments from expert opinion. The method uses the argumentation scheme for argument from expert opinion along with its matching set of critical questions. It shows how to use this scheme in three formal computational argumentation models that provide tools to analyse and evaluate instances of argument from expert opinion. The paper uses several examples to illustrate the use of these tools. A conclusion of (...)
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  • Formalization of the ad hominem argumentation scheme.Douglas Walton - 2010 - Journal of Applied Logic 8 (1):1-21.
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  • Burden of Proof in a Modified Hamblin Dialogue System.Douglas Walton - 2011 - Informal Logic 31 (4):279-304.
    In his book on fallacies, Hamblin built a very simple system for argumentation in dialogue he called the Why Because System with Questions. In his discussion of this system, he replaced the concept of burden of proof with a simpler concept of initiative, which could be described as something like getting the upper hand as the argumentation moves back and forth in the dialogue between the one party and the other. No doubt he realized that the concept of burden of (...)
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  • Applying Recent Argumentation Methods to Some Ancient Examples of Plausible Reasoning.Douglas Walton, Christopher W. Tindale & Thomas F. Gordon - 2014 - Argumentation 28 (1):85-119.
    Plausible (eikotic) reasoning known from ancient Greek (late Academic) skeptical philosophy is shown to be a clear notion that can be analyzed by argumentation methods, and that is important for argumentation studies. It is shown how there is a continuous thread running from the Sophists to the skeptical philosopher Carneades, through remarks of Locke and Bentham on the subject, to recent research in artificial intelligence. Eleven characteristics of plausible reasoning are specified by analyzing key examples of it recognized as important (...)
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  • Argument from Expert Opinion as Legal Evidence: Critical Questions and Admissibility Criteria of Expert Testimony in the American Legal System.David M. Godden & Douglas Walton - 2006 - Ratio Juris 19 (3):261-286.
    While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in a (...)
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  • A Bibliography of Douglas Walton’s Published Works, 1971-2007.Douglas Walton - 2007 - Informal Logic 27 (1):135-147.
    A Bibliography of Douglas Walton’s Published Works, 1971-20.
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  • An Automated System for Argument Invention in Law Using Argumentation and Heuristic Search Procedures.Douglas Walton - 2005 - Ratio Juris 18 (4):434-463.
    . A heuristic search procedure for inventing legal arguments is built on two tools already widely in use in argumentation. Argumentation schemes are forms of argument representing premise‐conclusion and inference structures of common types of arguments. Schemes especially useful in law represent defeasible arguments, like argument from expert opinion. Argument diagramming is a visualization tool used to display a chain of connected arguments linked together. One such tool, Araucaria, available free at , helps a user display an argument on the (...)
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  • Analyzing the Simonshaven Case With and Without Probabilities.Bart Verheij - 2020 - Topics in Cognitive Science 12 (4):1175-1199.
    This paper is one in a series of rational analyses of the Dutch Simonshaven case, each using a different theoretical perspective. The theoretical perspectives discussed in the literature typically use arguments, scenarios, and probabilities, in various combinations. The theoretical perspective on evidential reasoning used in this paper has been designed to connect arguments, scenarios, and probabilities in a single formal modeling approach, in an attempt to investigate bridges between qualitative and quantitative analytic styles. The theoretical perspective uses the recently proposed (...)
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  • RationalGRL: A framework for argumentation and goal modeling.Marc van Zee, Floris Bex & Sepideh Ghanavati - forthcoming - Argument and Computation:1-55.
    Goal-oriented requirements modeling approaches aim to capture the intentions of the stakeholders involved in the development of an information system as goals and tasks. The process of constructing such goal models usually involves discussions between a requirements engineer and a group of stakeholders. Not all the arguments in such discussions can be captured as goals or tasks: e.g., the discussion whether to accept or reject a certain goal and the rationale for acceptance or rejection cannot be captured in goal models. (...)
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  • Argumentation Theory and Argumentative Practices: A Vital but Complex Relationship.Frans H. van Eemeren - 2018 - Informal Logic 38 (1):322-350.
    To illustrate the development of argumentation theory, the paper traces the journey of the pragma-dialectical theory as it widened its scope, step by step, from an abstract model of critical discussion to the complexities of actual argumentative discourse. It describes how, having contextualized, empiricalized and formalized their approach, pragma-dialecticians are now putting the theory’s analytical instruments to good use in identifying prototypical argumentative patterns in specific communicative activity types in the various communicative domains. This means that they can now start (...)
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  • A Scenario Approach to the Simonshaven Case.Peter J. van Koppen & Anne Ruth Mackor - 2020 - Topics in Cognitive Science 12 (4):1132-1151.
    Van Koppen and Mackor offer a scenario‐approach analysis of the case. They first explicate their approach, linking it to inference to the best explanation and theories of explanatory coherence. An important distinction in their analysis is between explaining known facts and predicting novel facts. They claim that their approach is cognitively feasible and stays close to descriptive theories of evidential reasoning. They want to keep it informal, so that legal professionals can apply it.
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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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  • An object model for use in oral and written advocacy.Charles Unwin - 2008 - Artificial Intelligence and Law 16 (4):389-402.
    This paper describes the author’s development and use of a diagramming model in preparing a legal case for which he was responsible. He combined Wigmorean analysis and object oriented techniques in order to model arguments based on generalisations taken from the real world and from legal precedent. The paper addresses the modelling issues, but in particular identifies the very real benefits that affected the way the case was conducted. Those areas in which the model came into its own were principally (...)
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  • Thirty years of Artificial Intelligence and Law: the second decade.Giovanni Sartor, Michał Araszkiewicz, Katie Atkinson, Floris Bex, Tom van Engers, Enrico Francesconi, Henry Prakken, Giovanni Sileno, Frank Schilder, Adam Wyner & Trevor Bench-Capon - 2022 - Artificial Intelligence and Law 30 (4):521-557.
    The first issue of Artificial Intelligence and Law journal was published in 1992. This paper provides commentaries on nine significant papers drawn from the Journal’s second decade. Four of the papers relate to reasoning with legal cases, introducing contextual considerations, predicting outcomes on the basis of natural language descriptions of the cases, comparing different ways of representing cases, and formalising precedential reasoning. One introduces a method of analysing arguments that was to become very widely used in AI and Law, namely (...)
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  • M-LAMAC: a model for linguistic assessment of mitigating and aggravating circumstances of criminal responsibility using computing with words.Carlos Rafael Rodríguez Rodríguez, Yarina Amoroso Fernández, Denis Sergeevich Zuev, Marieta Peña Abreu & Yeleny Zulueta Veliz - forthcoming - Artificial Intelligence and Law:1-43.
    The general mitigating and aggravating circumstances of criminal liability are elements attached to the crime that, when they occur, affect the punishment quantum. Cuban criminal legislation provides a catalog of such circumstances and some general conditions for their application. Such norms give judges broad discretion in assessing circumstances and adjusting punishment based on the intensity of those circumstances. In the interest of broad judicial discretion, the law does not establish specific ways for measuring circumstances’ intensity. This gives judges more freedom (...)
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  • Translating Toulmin Diagrams: Theory Neutrality in Argument Representation.Chris Reed & Glenn Rowe - 2005 - Argumentation 19 (3):267-286.
    The Toulmin diagram layout is very familiar and widely used, particularly in the teaching of critical thinking skills. The conventional box-and-arrow diagram is equally familiar and widespread. Translation between the two throws up a number of interesting challenges. Some of these challenges (such as the relationship between Toulmin warrants and their counterparts in traditional diagrams) represent slightly different ways of looking at old and deep theoretical questions. Others (such as how to allow Toulmin diagrams to be recursive) are diagrammatic versions (...)
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  • Reconstructing Popov v. Hayashi in a framework for argumentation with structured arguments and Dungean semantics.Henry Prakken - 2012 - Artificial Intelligence and Law 20 (1):57-82.
    In this article the argumentation structure of the court’s decision in the Popov v. Hayashi case is formalised in Prakken’s (Argument Comput 1:93–124; 2010) abstract framework for argument-based inference with structured arguments. In this framework, arguments are inference trees formed by applying two kinds of inference rules, strict and defeasible rules. Arguments can be attacked in three ways: attacking a premise, attacking a conclusion and attacking an inference. To resolve such conflicts, preferences may be used, which leads to three corresponding (...)
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  • Law and logic: A review from an argumentation perspective.Henry Prakken & Giovanni Sartor - 2015 - Artificial Intelligence 227 (C):214-245.
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  • Editors' Review and Introduction: Models of Rational Proof in Criminal Law.Henry Prakken, Floris Bex & Anne Ruth Mackor - 2020 - Topics in Cognitive Science 12 (4):1053-1067.
    Decisions concerning proof of facts in criminal law must be rational because of what is at stake, but the decision‐making process must also be cognitively feasible because of cognitive limitations, and it must obey the relevant legal–procedural constraints. In this topic three approaches to rational reasoning about evidence in criminal law are compared in light of these demands: arguments, probabilities, and scenarios. This is done in six case studies in which different authors analyze a manslaughter case from different theoretical perspectives, (...)
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  • AI & Law, Logic and Argument Schemes.Henry Prakken - 2005 - Argumentation 19 (3):303-320.
    This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that (...)
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  • An Argumentation‐Based Analysis of the Simonshaven Case.Henry Prakken - 2020 - Topics in Cognitive Science 12 (4):1068-1091.
    Prakken gives an argumentation‐based analysis of the manslaughter case using logical tools developed in AI. Prakken regards evidential argumentation as the construction and attack of ‘trees of inference’ from evidence to conclusions by applying generalizations. He argues that this approach clearly shows how evidence and hypotheses relate and what are the points of disagreement, but that it cannot give a clear overview over a case and lacks a systematic account of degrees of uncertainty.
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  • An abstract framework for argumentation with structured arguments.Henry Prakken - 2010 - Argument and Computation 1 (2):93-124.
    An abstract framework for structured arguments is presented, which instantiates Dung's ('On the Acceptability of Arguments and its Fundamental Role in Nonmonotonic Reasoning, Logic Programming, and n- Person Games', Artificial Intelligence , 77, 321-357) abstract argumentation frameworks. Arguments are defined as inference trees formed by applying two kinds of inference rules: strict and defeasible rules. This naturally leads to three ways of attacking an argument: attacking a premise, attacking a conclusion and attacking an inference. To resolve such attacks, preferences may (...)
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  • Modelling last-act attempted crime in criminal law.Jiraporn Pooksook, Phan Minh Dung, Ken Satoh & Giovanni Sartor - 2019 - Journal of Applied Non-Classical Logics 29 (4):327-357.
    In the court of law, a person can be punished for attempting to commit a crime. An open issue in the study of Artificial Intelligence and Law is whether the law of attempts could be formally modelled. There are distinct legal rules for determining attempted crime whereas the last-act rule (also called proximity rule) represents the strictest approach. In this paper, we provide a formal model of the last-act rule using structured argumentation.
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  • Argument schemes for reasoning about trust.Simon Parsons, Katie Atkinson, Zimi Li, Peter McBurney, Elizabeth Sklar, Munindar Singh, Karen Haigh, Karl Levitt & Jeff Rowe - 2014 - Argument and Computation 5 (2-3):160-190.
    Trust is a natural mechanism by which an autonomous party, an agent, can deal with the inherent uncertainty regarding the behaviours of other parties and the uncertainty in the information it shares with those parties. Trust is thus crucial in any decentralised system. This paper builds on recent efforts to use argumentation to reason about trust. Specifically, a set of schemes is provided, and abstract patterns of reasoning that apply in multiple situations geared towards trust. Schemes are described in which (...)
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  • Subjective logic and arguing with evidence.Nir Oren, Timothy J. Norman & Alun Preece - 2007 - Artificial Intelligence 171 (10-15):838-854.
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  • Presumptions in Legal Argumentation.Fabrizio Macagno & Douglas Walton - 2012 - Ratio Juris 25 (3):271-300.
    In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...)
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  • Measuring coherence with Bayesian networks.Alicja Kowalewska & Rafal Urbaniak - 2023 - Artificial Intelligence and Law 31 (2):369-395.
    When we talk about the coherence of a story, we seem to think of how well its individual pieces fit together—how to explicate this notion formally, though? We develop a Bayesian network based coherence measure with implementation in _R_, which performs better than its purely probabilistic predecessors. The novelty is that by paying attention to the network structure, we avoid simply taking mean confirmation scores between all possible pairs of subsets of a narration. Moreover, we assign special importance to the (...)
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  • Causal models versus reason models in Bayesian networks for legal evidence.Eivind Kolflaath & Christian Dahlman - 2022 - Synthese 200 (6).
    In this paper we compare causal models with reason models in the construction of Bayesian networks for legal evidence. In causal models, arrows in the network are drawn from causes to effects. In a reason model, the arrows are instead drawn towards the evidence, from factum probandum to factum probans. We explore the differences between causal models and reason models and observe several distinct advantages with reason models. Reason models are better aligned with the philosophy of Bayesian inference, as they (...)
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  • Modular argumentation for modelling legal doctrines of performance relief.Nguyen Duy Hung, Phan Minh Thang & Phan Minh Dung - 2010 - Argument and Computation 1 (1):47-69.
    We present an argument-based formalism of contract dispute resolution following a modern view that the court would resolve a contract dispute by enforcing an interpretation of contract that reasonably represents the mutual intention of contract parties. Legal doctrines provide principles, rules and guidelines for the court to objectively arrive at such an interpretation. In this paper, we establish the appropriateness of the formalism by applying it to resolve disputes about performance relief with the legal doctrines of impossibility and frustration of (...)
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  • A hybrid formal theory of arguments, stories and criminal evidence.Floris J. Bex, Peter J. van Koppen, Henry Prakken & Bart Verheij - 2010 - Artificial Intelligence and Law 18 (2):123-152.
    This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...)
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  • A normative framework for argument quality: argumentation schemes with a Bayesian foundation.Ulrike Hahn & Jos Hornikx - 2016 - Synthese 193 (6):1833-1873.
    In this paper, it is argued that the most fruitful approach to developing normative models of argument quality is one that combines the argumentation scheme approach with Bayesian argumentation. Three sample argumentation schemes from the literature are discussed: the argument from sign, the argument from expert opinion, and the appeal to popular opinion. Limitations of the scheme-based treatment of these argument forms are identified and it is shown how a Bayesian perspective may help to overcome these. At the same time, (...)
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  • Comparing alternatives in the law.Jaap Hage - 2004 - Artificial Intelligence and Law 12 (3):181-225.
    This paper argues the thesis that a particular style of reasoning, qualitative comparative reasoning (QCR), plays a role in at least three areas of legal reasoning that are central in AI and law research, namely legal theory construction, case-based reasoning in the form of case comparison, and legal proof. The paper gives an informal exposition of one particular way to deal with QCR, based on the author’s previous work on reason-based logic (RBL). Then it contains a substantially adapted formalisation of (...)
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