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Statutory Interpretation as Argumentation

In Colin Aitken, Amalia Amaya, Kevin D. Ashley, Carla Bagnoli, Giorgio Bongiovanni, Bartosz Brożek, Cristiano Castelfranchi, Samuele Chilovi, Marcello Di Bello, Jaap Hage, Kenneth Einar Himma, Lewis A. Kornhauser, Emiliano Lorini, Fabrizio Macagno, Andrei Marmor, J. J. Moreso, Veronica Rodriguez-Blanco, Antonino Rotolo, Giovanni Sartor, Burkhard Schafer, Chiara Valentini, Bart Verheij, Douglas Walton & Wojciech Załuski (eds.), Handbook of Legal Reasoning and Argumentation. Dordrecht, Netherland: Springer Verlag. pp. 519-560 (2011)

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  1. Interpretation, Argumentation, and the Determinacy of Law.Giovanni Sartor - 2023 - Ratio Juris 36 (3):214-241.
    This article models legal interpretation through argumentation and provides a logical analysis of interpretive arguments, their conflicts, and the resulting indeterminacies. Interpretive arguments are modelled as defeasible inferences, which can be challenged and defeated by counterarguments and be reinstated through further arguments. It is shown what claims are possibly (defensibly) or necessarily (justifiably) supported by the arguments constructible from a given interpretive basis, i.e., a set of interpretive canons coupled with reasons for their application. It is finally established under what (...)
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  • Resolving counterintuitive consequences in law using legal debugging.Wachara Fungwacharakorn, Kanae Tsushima & Ken Satoh - 2021 - Artificial Intelligence and Law 29 (4):541-557.
    There are cases in which the literal interpretation of statutes may lead to counterintuitive consequences. When such cases go to high courts, judges may handle these counterintuitive consequences by identifying problematic rule conditions. Given that the law consists of a large number of rule conditions, it is demanding and exhaustive to figure out which condition is problematic. For solving this problem, our work aims to assist judges in civil law systems to resolve counterintuitive consequences using logic program representation of statutes (...)
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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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  • Dialogue Types, Argumentation Schemes, and Mathematical Practice: Douglas Walton and Mathematics.Andrew Aberdein - 2021 - Journal of Applied Logics 8 (1):159-182.
    Douglas Walton’s multitudinous contributions to the study of argumentation seldom, if ever, directly engage with argumentation in mathematics. Nonetheless, several of the innovations with which he is most closely associated lend themselves to improving our understanding of mathematical arguments. I concentrate on two such innovations: dialogue types (§1) and argumentation schemes (§2). I argue that both devices are much more applicable to mathematical reasoning than may be commonly supposed.
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