DiaLaw: On Legal Justification and Dialogical Models of Argumentation

Front Cover
Springer Science & Business Media, Jul 31, 1999 - Computers - 198 pages
This 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

X
17
XI
20
XII
23
XIII
25
XIV
27
XV
28
XVI
31
XVII
33
XVIII
35
XIX
41
XX
47
XXI
61
XXII
63
XXIV
64
XXV
68
XXVI
80
XXVII
81
XXVIII
82
XXIX
88
XXXVIII
133
XXXIX
145
XL
147
XLI
150
XLII
154
XLIII
155
XLIV
157
XLV
159
XLVI
162
XLVII
163
XLVIII
165
XLIX
168
L
170
LI
171
LII
185
LIII
193
LIV
195
Copyright

Other editions - View all

Common terms and phrases

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.