AI &; Law,Logic and Argument Schemes |
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Authors: | Email author" target="_blank">Henry?PrakkenEmail author |
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Institution: | (1) Department of Information and Computing Sciences, Utrecht University, and Faculty of Law, University of Groningen, The Netherlands |
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Abstract: | This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation
that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too
abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an
argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in
particular, according to the roles that the various elements of an argument can play. This approach is then applied to legal
reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs
the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme
approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument. |
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Keywords: | argument schemes defeasible reasoning legal reasoning nonmonotonic logic warrants |
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