Argumentation Methods for Artificial Intelligence in Law by Douglas Walton

By Douglas Walton

During a up to date stopover at to China to provide an invited lecture on criminal argumentation i used to be requested a query approximately traditional opinion in western international locations. If felony r- soning is assumed to be vital by way of these either inside and out the felony prof- sion, why does there seem to be so little consciousness given to the learn of felony good judgment? This used to be a difficult query to reply to. I needed to admit there have been no huge or well-established facilities of criminal common sense in North the USA that i may suggest as areas to check. facing customs in Vancouver, the customs officer requested what I were doing in China. I instructed him I were a speaker at a conf- ence. He requested what the convention used to be on. I instructed him criminal good judgment. He requested 1 even if there has been this kind of factor. He used to be attempting to be humorous, yet i assumed he had an outstanding element. humans will query no matter if there's this kind of factor as “legal logic”, and a few contemporary very famous trials supply the query a few backing within the universal opinion. yet having concept over the query of why so little recognition seems to be given to felony common sense as a mainstream topic in western international locations, i believe I now have a solution. the answer's that we have got been having a look within the mistaken place.

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24 Chapter 1: Informal Logic Methods for Law (R3) (R4) The chain of argumentation must have the proponent's thesis as its (ultimate) conclusion. Arguments meeting (R1), (R2) and (R3) are the only means that count as fulfilling the proponent's goal in the dialogue. These four requirements represent the fundamental characteristics of successful persuasion as a speech act. They indicate what a proponent needs to do in order to successfully persuade a respondent to become committed to his (the proponent’s) thesis.

At the closing stage, a cause of the crash may be announced, and if so, the evidence must be highly conclusive. Otherwise the inquiry will conclude that the cause of the crash cannot be proved from the data. 26 Chapter 1: Informal Logic Methods for Law Negotiation is a type of dialogue in which there are some goods or resources that are in short supply, and both of the two parties want to possess all of them. At any rate, what one wants, the other wants as well. Thus there is a conflict of interests that is the basis of the need for dialogue.

Schum (p. 82) put this generalization in the form of a conditional: “if a person says that an event happened, then it often did happen”. Another is that anyone putting his hand under his coat when being arrested for murder, and when there is a weapon there, is showing consciousness of guilt of having committed the crime. Both these generalizations played significant parts in the evidence used to convict Sacco and Vanzetti at their trial. We need to notice several things about these generalizations.

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