This paper presents a belief revision operator that considers time intervals for modelling norm change in the law. This approach relates techniques from belief revision formalisms and time intervals with temporalised rules for legal systems. Our goal is to formalise a temporalised belief base and corresponding timed derivation, together with a proper revision operator. This operator may remove rules when needed or adapt intervals of time when contradictory norms are added in the system. For the operator, both constructive definition and (...) an axiomatic characterisation by representation theorems are given. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.

SUGGESTED COURSES Introductory level A (Requires very little background in logic .): 4: -9 - - -7 -2 Introductory level B: -9,:+-+ -,2:+,2: -,3:20+-22+ -7 -2 ...

In this paper I recapitulate the ideas of Berman and Hafner (1993) regarding the role of teleology in legal argument. I show how these ideas can be used to address some issues arising from more recent work on legal argument, and how this relates to ideas associated with the New Rhetoric of Perelman. I illustrate the points with a discussion of the classic problem of which vehicles should be allowed in parks.

Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the (...) role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles. (shrink)

We discuss several aspects of legal arguments, primarily arguments about the meaning of statutes. First, we discuss how the requirements of argument guide the specification and selection of supporting cases and how an existing case base influences argument formation. Second, we present,our evolving taxonomy of patterns of actual legal argument. This taxonomy builds upon our much earlier work on argument moves and also on our more recent analysis of how cases are used to support arguments for the interpretation of legal (...) statutes. Third, we show how the theory of argument used by CABARET, a hybrid case-based/rule-based reasoner, can support many of the argument patterns in our taxonomy. (shrink)

Reasoning and change over inconsistent knowledge bases is of utmost relevance in areas like medicine and law. Argumentation may bring the possibility to cope with both problems. Firstly, by constructing an argumentation framework from the inconsistent KB, we can decide whether to accept or reject a certain claim through the interplay among arguments and counterarguments. Secondly, by handling dynamics of arguments of the AF, we might deal with the dynamics of knowledge of the underlying inconsistent KB. Dynamics of arguments has (...) recently attracted attention and although some approaches have been proposed, a full axiomatization within the theory of belief revision was still missing. A revision arises when we want the argumentation semantics to accept an argument. Argument Theory Change encloses the revision operators that modify the AF by analyzing dialectical trees—arguments as nodes and attacks as edges—as the adopted argumentation semantics. In this article, we present a simple approach to ATC based on propositional KBs. This allows to manage change of inconsistent KBs by relying upon classical belief revision, although contrary to it, consistency restoration of the KB is avoided. Subsequently, a set of rationality postulates adapted to argumentation is given, and finally, the proposed model of change is related to the postulates through the corresponding representation theorem. Though we focus on propositional logic, the results can be easily extended to more expressive formalisms such as first-order logic and description logics, to handle evolution of ontologies. (shrink)

In the middle of the 1980s, logical tools were discovered that make it possible to model changes in belief and knowledge in entirely new ways. These logical tools turned out to be applicable both to human beliefs and to the contents of databases. This is the first textbook in this new area. It contains both discursive chapters with a minimum of formalism and formal chapters in which proofs and proof methods are presented. By using different selections from the formal section (...) the book can be used on all levels of University education. (shrink)