Analysis Of Legal Argumentation Documents

Author : Hayato Hirata,Katsumi Nitta
Publisher : Springer Nature
Page : 162 pages
File Size : 48,9 Mb
Release : 2022-08-12
Category : Law
ISBN : 9789811929281

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Analysis of Legal Argumentation Documents by Hayato Hirata,Katsumi Nitta Pdf

This book introduces methods to analyze legal documents such as negotiation records and legal precedents, using computational argumentation theory. First, a method to automatically evaluate argumentation skills from the records of argumentation exercises is proposed. In law school, argumentation exercises are often conducted and many records of them are produced. From each utterance in the record, a pattern of “speech act +factor” is extracted, and argumentation skills are evaluated from the sequences of the patterns, using a scoring prediction model constructed by multiple regression analyses between the appearance pattern and the scoring results. The usefulness of this method is shown by applying it to the example case “the garbage house problem”. Second, a method of extracting factors (elements that characterize precedents and cases) and legal topoi from individual precedents and using them as the expression of precedents to analyze how the pattern of factors and legal topoi appearing in a group of precedents affects the judgment (plaintiff wins/defendant wins) is proposed. This method has been applied to a group of tax cases. Third, the logical structure of 70 labor cases is described in detail by using factors and a bipolar argumentation framework (BAF) and an (extended argumentation framework (EAF) together. BAF describes the logical structure between plaintiff and defendant, and EAF describes the decision of the judge. Incorporating the legal topoi into the EAF of computational argumentation theory, the strength of the analysis of precedents by combined use of factored BAF and EAF, not only which argument the judge adopted could be specified. It was also possible to determine what kind of value judgment was made and to verify the logic. The analysis methods in this book demonstrate the application of logic-based AI methods to the legal domain, and they contribute to the education and training of law school students in logical ways of argumentation.

Author : Enrico Francesconi,Giovanni Sartor,Daniela Tiscornia
Publisher : IOS Press
Page : 232 pages
File Size : 40,8 Mb
Release : 2008
Category : Law
ISBN : 9781586039523

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Legal Knowledge and Information Systems by Enrico Francesconi,Giovanni Sartor,Daniela Tiscornia Pdf

From its very beginning, legal informatics was mostly limited to the study of legal databases, but very early on, the Institute of Legal Information Theory and Techniques (ITTIG) started being involved with the specific topic of the Jurix conference, namely knowledge-based systems. This book includes programmatic papers with precise accounts of applications and prototypes. In many domains the focus has changed. For instance, research in retrieval has moved from classical Boolean systems into the management of documents in the Web. It addresses in particular standards and methods for embedding machine readable information into such documents and search methods that deal with heterogeneous information. Similarly, with regard to legal concepts, the focus has moved from thesauri to ontologies or to techniques for the automatic extraction of concepts from natural language texts. In the domain of legal reasoning merely deductive inferences have been expanded with models of legal argumentation, dialogue and mediation. The conference Logica, informatica e diritto 1981 and Jurix 2008 share the connection between theoretical models and the development of applications and prototypes. However, while in 1981 one could mostly see a juxtaposition of papers in legal theory and papers in computer applications, in 2008 we can see how discussions of issues in legal theory are embedded within contributions to legal informatics. This shows how research in legal informatics is increasingly becoming an autonomous domain of scientific inquiry by creatively incorporating and developing knowledge and methods from the two disciplines from which it originates (legal theory and computer science), while preserving links with them.

Author : Marko Novak
Publisher : Taylor & Francis
Page : 173 pages
File Size : 45,5 Mb
Release : 2024-02-26
Category : Law
ISBN : 9781003853237

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The Logic of Legal Argumentation by Marko Novak Pdf

Multi-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life situations are considered. It does not discard logic but adds other modes of argumentation to complement it, to emphasize the realistic environments of communication. In this sense, the multi-modal theory is important for the area of legal argumentation, where even in the reasoning of judicial decisions traces of a flesh-and-blood personality, who decided the case and wrote the reasons, can be found. This book presents a comprehensive analysis of this informal logic in legal argumentation and its practicality within the law. It argues that by building on the dialectical and rhetorical models of legal argument, the former being important for clear cases while the latter for unclear ones, the multi-modal theory of legal argumentation brings together logic and psychology in a holistic or integral perspective. The approach is not only descriptive, identifying the traces of alternate arguments in judicial decisions, but is also normative, presenting the criteria for evaluation that multi-modal arguments need to face to attain validity in the legal context. The work will be of interest to academics and researchers in the areas of Legal Theory, Legal Linguistics, Philosophy of Law, and Communication Studies.

Author : Douglas Walton
Publisher : Penn State Press
Page : 400 pages
File Size : 41,8 Mb
Release : 2010-11-01
Category : Law
ISBN : 0271048336

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Legal Argumentation and Evidence by Douglas Walton Pdf

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.

Author : A. Rotolo
Publisher : IOS Press
Page : 212 pages
File Size : 48,5 Mb
Release : 2015-11-24
Category : Computers
ISBN : 9781614996095

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Legal Knowledge and Information Systems by A. Rotolo Pdf

Computer technology has become an essential part of all our lives, and the legal profession is no exception. For more than 25 years, the annual JURIX conference has provided an international forum for academics and practitioners working at the cutting edge of research into and the application of the interface between law and computer technologies. This book presents the proceedings of the 28th International Conference on Legal Knowledge and Information Systems (JURIX 2015), which took place in Braga, Portugal in December 2015. The book contains 14 full papers, nine short papers and nine posters delivered at the conference. These address a wide range of topics in legal informatics, and fall into three main subject areas: theory and foundations of AI and law, focusing on themes such as argumentation, reasoning, and evidence; technology of AI and law, which presents technological advancements and solutions; and applications of AI and law, describing implementations of AI and law technology in real world systems. The book offers an overview of the ways in which current information technology is relevant to the practice of law, and will be of interest to all those whose work involves legal theory, argumentation and practice.

Author : Ian Smith,Boi Faltings
Publisher : Springer Science & Business Media
Page : 548 pages
File Size : 55,9 Mb
Release : 1996-10-23
Category : Computers
ISBN : 3540619550

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Advances in Case-Based Reasoning by Ian Smith,Boi Faltings Pdf

This book constitutes the refereed proceedings of the Third European Workshop on Case-Based Reasoning, EWCBR-96, held in Lausanne, Switzerland, in November 1996. Case-based reasoning is an appealing technique for dealing with the knowledge acquisition bottleneck in computer applications; solutions to new problems are found by adapting similar experience from the past, called cases. The 38 revised full papers presented were carefully selected from a broad variety of submissions after a thorough refereeing process. The volume refleats the state of the art in case-based reasoning research and applications.

Author : J. S. Covington
Publisher : Unknown
Page : 0 pages
File Size : 44,8 Mb
Release : 2006
Category : Law
ISBN : 0837731097

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The Structure of Legal Argument and Proof by J. S. Covington Pdf

Author : Hans Vilhelm Hansen
Publisher : Rhetoric, Law, and the Humanit
Page : 316 pages
File Size : 49,6 Mb
Release : 2019
Category : Language Arts & Disciplines
ISBN : 9780817320171

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Presumptions and Burdens of Proof by Hans Vilhelm Hansen Pdf

An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law--including politics, science, religion, philosophy, and interpersonal communication--have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection's first half contains historical sources and begins with excerpts from Aristotle's Topics and goes on to include the locus classicus chapter from Bishop Whately's crucial Elements of Rhetoric as well as later reactions to Whately's views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.

Author : Andrew Schumann
Publisher : CRC Press
Page : 440 pages
File Size : 40,9 Mb
Release : 2023-04-27
Category : Science
ISBN : 9781000871074

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Archaeology of Logic by Andrew Schumann Pdf

The question arises whether logic was given to us by God or whether it is the result of human evolution. I believe that at least the modus ponens rule ( A and if A then B implies B) is inherent in humans, but probably many other modern systems (e.g., resource logic, non - monotonic logic etc.) are the result of humans adapating to the environment. It is therefore of interest to study and compare the way logic is used in ancient cultures as well as the way logic is going to be used in our 21st century. This welcome book studies and compares the way formation of logic in three cultures: Ancient Greek (4th century B.C.), Judaic (1st century B.C. – 1st century A.D.) and Indo-Buddhist (2nd century A.D.) The book notes that logic became especially popular during the period of late antiquity in countries covered by the international trade of the Silk Road. This study makes a valuable contribution to the history of logic and to the very understanding of the origions and nature of logical thinking. -Prof. Dov Gabbay, King's College London, UK Andrew Schumann in his book demonsrates that logic step-by-step arose in different places and cultural circles. He argues that if we apply a structural-genealogical method, as well as turn to various sources, particularly, religious, philosophical, linguistic, etc., then we can obtain a more general and more adequate picture of emengence and development of logic. This book is a new and very valuable contribution to the history of logic as a manifestation of the human mind. - Prof. Jan Wolenski, Jagiellonian University, Poland The author of the Archaeology of Logic defends the claim, calling it "logic is aftter all", which sees logical competence as a practical skill that people began to learn in antiquity, as soom as they realized that avoiding cognitive biases in their reasoning would make their daily activities more successful. The in-depth reading of the book with its diving into the comparative quotations in the long dead or hardly known to most of us languages like Sumerian-Akkadian, Aramatic, Hebrew and etc, will be rewarded by the response that the logical competence is diverse and it can be trained, despite the inevitabilitiy of the reasoning fallacies; and that critical discussions and agaonal character of the social lide are the necessary tools for that. - Prof. Elena Lisanyuk

Author : Christopher Enright
Publisher : Federation Press
Page : 612 pages
File Size : 53,9 Mb
Release : 2002
Category : Law
ISBN : 1862874123

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Legal Technique by Christopher Enright Pdf

This title is no longer stocked by us. It is now available directly from Christopher Enright: [email protected] How should lawyers go about their tasks in working with law, in making, interpreting, using, reading and writing law? Enright's book describes clear and simple techniques for working with law. It explains why the technique is needed and what it achieves, and then provides a model for doing it. Each model consists of a step by step guide for performing the relevant task. Legal Technique is structured to be the textbook in an introductory law course where the techniques are described, and intended for re-use in later courses on substantive law where these techniques must be further taught and practised in the context of those subjects. Legal Technique is accompanied by a free Legal Technique eWorkbook (see Supplement) containing materials, questions and answers. Included are exercises for working with statutes, cases, legal texts and for solving legal problems; further exercises to practise approaches to common law and statutory law subjects generally; and specific exercises for the subjects 'Introduction to Law', 'Constitutional Law', and 'Property Law'.

Author : Ian Johnstone,Steven Ratner
Publisher : Oxford University Press
Page : 377 pages
File Size : 45,8 Mb
Release : 2021
Category : Law
ISBN : 9780197588437

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Talking International Law by Ian Johnstone,Steven Ratner Pdf

"In a decentralized global system that lacks the formal trappings of domestic governance systems, most disputes between and among states and non- state actors never reach either a domestic or an international courtroom for some kind of authoritative resolution. This state of affairs continues, even with the creation of new international tribunals in recent decades. Despite, indeed because of, the relative scarcity of judicial settlement of disputes, international legal argumentation remains pervasive, but notably in a range of nonjudicial settings. States, corporations, nongovernmental organizations (NGOs), and even guerrilla groups make claims in international legal terms in political bodies like the United Nations' organs or domestic parliaments, private diplomatic discussions, and public statements in formal and informal settings. What purpose does such argumentation serve? What are its effects, intended and unintended? Who is engaging in the argumentation? Who is the audience? What, for that matter, counts as a legal argument and how is it different from other kinds of argument? These questions are not all new, but they have never been addressed systematically in one volume. Answering them is critical to a central goal for scholars and practitioners of international law and relations- to understand how international law actually operates in international affairs. This book probes these and other questions related to the place of international legal arguments from a multi- perspectival lens. It brings together a group of scholars and practitioners from around the world who have either written about or engaged in international legal argumentation outside of courtrooms. We draw on various theoretical traditions that address the phenomenon of argumentation in international affairs, either as an element of legal theory or of international relations theory. Yet our approach is largely inductive, looking at the actual practice of legal argumentation in a variety of settings and issue areas. From the cases, we seek to identify patterns and common themes in why, where, how, and to what effect the language of law is used outside of courts. This fills a significant gap in scholarship on international law and international relations by exploring the micro- process of communication using international law"--

Author : Pedi Chiemena Obani
Publisher : CRC Press
Page : 352 pages
File Size : 51,5 Mb
Release : 2018-05-03
Category : Science
ISBN : 9780429865978

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Strengthening the Human Right to Sanitation as an Instrument for Inclusive Development by Pedi Chiemena Obani Pdf

Over a third of the current 7.3 billion people worldwide are burdened with poor sanitation services. The resulting social, relational and ecological exclusion make the realisation of the human right to sanitation (HRS) a critical concern development concern. However, the literature has evolved in a largely compartmentalised manner, focusing on the formal recognition of the HRS in domestic legal systems, without sufficiently addressing the drivers of poor sanitation services. This research expounds on the impact of the HRS on human wellbeing and the environment within the context of a developing country like Nigeria as a case study. The findings show that contrary to the focus in the literature, the drivers of poor sanitation services are not confined to legal factors, such as the formal recognition of the HRS within domestic legal systems. Rather, the drivers include social, economic and environmental limitations to improved sanitation services. Based on the findings, the book argues that the focus in the literature on the formal recognition of the HRS in national legal systems is insufficient for tackling the main drivers of poor sanitation services. It is therefore necessary to reformulate the HRS discourse using complementary governance instruments that advance social, relational and ecological inclusion.

Author : Erich Schweighofer
Publisher : Kluwer Law International B.V.
Page : 448 pages
File Size : 42,8 Mb
Release : 1999-10-19
Category : Law
ISBN : 9789041111487

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Legal Knowledge Representation:Automatic Text Analysis in Public International and European Law by Erich Schweighofer Pdf

This volume is a presentation of all methods of legal knowledge representation from the point of view of jurisprudence as well as computer science. A new method of automatic analysis of legal texts is presented in four case studies. Law is seen as an information system with legally formalised information processes. The achieved coverage of legal knowledge in information retrieval systems has to be followed by the next step: conceptual indexing and automatic analysis of texts. Existing approaches of automatic knowledge representations do not have a proper link to the legal language in information systems. The concept-based model for semi-automatic analysis of legal texts provides this necessary connection. The knowledge base of descriptors, context-sensitive rules and meta-rules formalises properly all important passages in the text corpora for automatic analysis. Statistics and self-organising maps give assistance in knowledge acquisition. The result of the analysis is organised with automatically generated hypertext links. Four case studies show the huge potential but also some drawbacks of this approach.

Author : Päivi Leino-Sandberg
Publisher : Cambridge University Press
Page : 379 pages
File Size : 43,8 Mb
Release : 2021-09-23
Category : Law
ISBN : 9781108830058

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The Politics of Legal Expertise in EU Policymaking by Päivi Leino-Sandberg Pdf

The inside story of the daily work of lawyers in the EU institutions and their impact on EU policy making.

Author : Jacqueline Visconti
Publisher : Walter de Gruyter GmbH & Co KG
Page : 498 pages
File Size : 42,9 Mb
Release : 2018-09-24
Category : Language Arts & Disciplines
ISBN : 9781614514664

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Handbook of Communication in the Legal Sphere by Jacqueline Visconti Pdf

This volume explores communication and its implications on interpretation, vagueness, multilingualism, and multiculturalism. It investigates cross-cultural perspectives with original methods, models, and arguments emphasizing national, EU, and international perspectives. Both traditional fields of investigations along with an emerging new field (Legal Visual Studies) are discussed. Communication addresses the necessity of an ongoing interaction between jurilinguists and legal professionals. This interaction requires persuasive, convincing, and acceptable reasons in justifying transparency, visual analyses, and dialogue with the relevant audience. The book is divided into five complementary sections: Professional Legal Communication; Legal Language in a Multilingual and Multicultural Context; Legal Communication in the Courtroom; Laws on Language and Language Rights; and Visualizing Legal Communication. The book shows the diversity in the understanding and practicing of legal communication and paves the way to an interdisciplinary and cross-cultural operation in our common understanding of legal communication. This book is suitable for advanced students in Linguistics and Law, and for academics and researchers working in the field of Language and Law and jurilinguists.