DiaLaw: On Legal Justification and Dialogical Models of ArgumentationThis book is a revised version of my dissertation 'DiaLaw - on legal th justification and dialog games' that I defended on June 5 1998 at the Universiteit Maastricht. The chapters 1, 4 & 5 (now: 1, 5 & 6) of my dissertation have remained largely unaltered. In chapter 2 I added explicitly the distinction between constructing legal justification and reconstructing it, and tried to elucidate the differences (and similarities) between the product and process of justification. Chapter 3 is divided into two chapters: one on the general characteristics of DiaLaw (now: chapter 3), and the other on specific, legal characteristics of DiaLaw (now: chapter 4). In order to improve readability, all rules in these chapters have been rewritten considerably. The section on the implementation of DiaLaw is moved to the appendix. In chapter 7 (the former chapter 6), a discussion of the notions 'procedural' and 'structural' arguments is added, and different layers in argumentation models are discussed. Finally, in chapter 8 (the former chapter 7) is added a recapitulation of my view on legal justification, and a discussion on the future use in legal practice of dialog models that represent argumentation in a natural way. The main thesis has remained unaltered: legal justification should be modeled as a procedural, dialogical model in which not only products of argumentation are allowed, but, even in formal models, rhetorical, psychological aspects of argument are dealt with. |
Contents
II | 5 |
III | 5 |
IV | 5 |
V | 5 |
VI | 7 |
VII | 8 |
VIII | 11 |
IX | 13 |
XXX | 94 |
XXXI | 97 |
XXXII | 98 |
XXXIII | 99 |
XXXIV | 102 |
XXXV | 107 |
XXXVI | 115 |
XXXVII | 128 |
Other editions - View all
DiaLaw: On Legal Justification and Dialogical Models of Argumentation A.R. Lodder Limited preview - 2013 |
DiaLaw: On Legal Justification and Dialogical Models of Argumentation A.R. Lodder No preview available - 2011 |
Common terms and phrases
accept or withdraw accept the conclusion adduced agent agent_can_act allowed applies rule arity Artificial Intelligence becomes committed Bert and Ernie bought_book Brewka capable of acting chabot chapter claimed sentence commitment store conceded Concl Cond condition consequence Conset counterargument deductively valid default defeasible defeat defend defined denied di)a-rational argumentation DiaLaw dialectical dialog game dialog rules dialog tree dialogical model DialogMoves discussion disputed sentences Ernie accepts example forced to accept formula Gordon il_claim illocutionary act instance legal justification Lodder logical perspective M₁ material implication model of justification model of legal murderer NewCS NewPlayer norm not_inCS _ opponent otherplayer outweighs player is committed Pleadings Game Prakken premises procedural arguments procedural model Prolog proponent Proset put forward question rational reaction reason applicable rule rebuttal receipt_shows set of reasons special language elements statement is justified structure sufficient to accept Tyrell Universiteit Maastricht valid_move NL ValidMove Vreeswijk
Popular passages
Page 189 - A design for reasoning with policies, precedents and rationales, Proceedings of the fourth International Conference on Artificial Intelligence and Law, ACM, New York, pp.
Page 189 - Proceedings of the Fourth International Conference on Artificial Intelligence and Law, ACM Press, 192-201, 1993.